USERRA Requires Employer to Provide Returning Employee Equivalent Amount of Pay Rather than Equivalent Rate of Pay
In a case of first impression, the United States District Court for the Second Circuit recently held that the law requires an employer to pay an employee returning from military service to a commission-based job the same total amount of pay he or she received prior to activation- the employer violates the law by returning the employee to the same commission pay plan if, by doing so, the employee receives less pay than before the call-up.
