Fifth Circuit interprets Uniform Services Employment & Reemployment Rights Act of 1994

Those interested in the USERRA should read the Fifth Circuit's decision today in Rogers v. City of San Antonio, No. 03-50588 (5th Cir. Dec. 2, 2004).  The plaintiffs were fifteen firefighters who were members of the U.S. military reserves or National Guard.  They sued the City of San Antonio, alleging loss of employment benefits because of their absence from work while on military duty.  The district court granted summary judgment on various claims in plaintiffs' favor.  On appeal, the Fifth Circuit court conducted a detailed analysis of the USERRA's provisions, legislative history, and caselaw interpreting the predecessor of the USERRA.  In the end, the court reversed summary judgment in plaintiffs' favor and rendered summary judgment in the City's favor on claims of lost straight-time pay, lost overtime opportunities, and missed upgrading opportunities.  The court reversed summary judgment in plaintiffs' favor and remanded for further proceedings on claims of bonus-day leave, perfect-attendance leave, and 27-hour cap on lost overtime, finding genuinely disputed issues of material fact.  Finally, the court affirmed a judgment holding that the four-year limitations period provided by 28 U.S.C. § 1658 applied to plaintiffs' claims .