Program Spotlight:     Keeping Downtown El Cajon Clean & Safe
Article by:    Community Development Corporation

Illegal Dumping:     How do I deal with it?

Illegal dumping is often a problem in Downtown El Cajon. Illegal dumping occurs when someone has disposed of a mattress, an old washing machine, or any other large item such as a couch or love seat. People guilty of this offense usually choose an alley, someone else's dumpster area, or a private parking lot and usually operate under cover or darkness.

The El Cajon Municipal Code states in part that "It is unlawful for any person to place, dump, deposit or throw away any solid waste, recyclables, yard waste or other refuse or debris of any kind upon any public highway, or public place, or upon any private property whatsoever, within the city." Violators are guilty of a misdemeanor.

If the dumping has occurred in the public right of way such as an alley, sidewalk or street within the Downtown El Cajon Area, our Clean & Safe team will remove the item(s) as soon as possible.

You can call the Ambassador Hotline at (619) 572-4090.

Illegal dumping that occurs on private property is the responsibility of the property owner.

Property owners should call Waste Management at (619) 596-5100 to arrange pickup as soon as possible.

To report any observed illegal dumping, or for any questions, please call our

Ambassador Hotline (619) 572 4090. Let's work together to keep Downtown El Cajon Clean & Safe.  

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Noah Flood Alert 

This valuable item alerts you to any water overflow instantly! When water reaches the level of the sensor the Flood Alarm LED will flash and a loud alarm will sound. This alarm will eliminate flooded basements, garages, laundry rooms, bathrooms, spa's, pools, sinks, tubs water heaters & toilets.

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Also view:    Water Leak Detection Equipment

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August 5, 2007

DAVIS – Students and landlords, beware: It is scam season in college towns like Davis.

Worthless money orders in large amounts to rent apartments are arriving in the mail from scam artists posing as renters. Landlords are cashing the counterfeit money orders, taking out the first month's rent and wiring the extra money back to the supposed renter.  By the time the bank tells the landlords that the checks they cashed are worthless, it is too late. The result: Davis residents are minus thousands of dollars that end up in foreign bank accounts. Although the scam occurs nationwide, Davis police said it is prevalent in college towns where rental turnover is high.

“Leases are expiring,” said Davis Police Sgt. Scott Smith. “Any community like Davis where houses are turning over and students are looking for roommates makes us particularly vulnerable.”

In the summer, landlords are looking for renters to replace students who graduated and moved on. And students are advertising for roommates to help cover the rent.

“Ads are being placed,” Smith said. “They are invitations for these fraud operations to target us.”

One University of California Davis student, scammed out of more than $8,800, told police that her travails began about March 15 when she posted an ad on the Craig's List Web site.  Looking for someone to sublet her apartment, she got her first e-mail response from “Sandy Ferguson.” Ferguson said she was moving from London and was looking forward to living in Davis . A deal was struck, and after a few weeks, a check for $4,325 arrived in the mail from Ferguson , according to a written statement from the victim. The Davis woman, whom police declined to name, had only asked for $500 to cover a deposit and the first month's rent.

Police say scam artists usually explain that the extra money was a “mistake” or a miscommunication between the scammer and their parents or secretary.

Ferguson asked the Davis woman to do her a favor: Send some of the extra money via Western Union to her shipping agent so that her luggage could clear customs. On April 12, the unsuspecting Davis woman deposited what she called the “check” from Ferguson and wired $2,415 to the shipping agent, a man in Nigeria .

Ferguson then e-mailed the Davis woman, asking that another chunk of the extra money be sent to her shipping agent. On April 19, $1,592 was wired.  Then, another e-mail from Ferguson said the luggage was too heavy. An additional $199 was e-mailed by the Davis woman.

By this time, the woman had returned so much money from the worthless check that she no longer had enough to cover the apartment's deposit and the first month's rent.  Still not suspecting she was being scammed, she e-mailed Ferguson , asking for enough to reserve the room. She got what later turned out to be another worthless money order a few weeks later for $7,200.

Luggage supposedly still in limbo, Ferguson e-mailed the Davis woman to send $2,767 to her agent May 19, which the Davis woman did. A few days later, Ferguson e-mailed that her shipping agent had asked for more, and the Davis woman sent $1,869 on May 22.

The scam ended abruptly when the Davis woman's bank sent her a letter, charging her a $10 fee for a returned check.  “ Sandy 's check account was closed,” the woman said in her police statement. “No such account. That was when I finally found out I had been a victim of scam.”

Many scam artists are from Nigeria , Kenya , England and France , Smith said. They typically say they are students and establish a trust via e-mail.   “There are usually a lot of red flags that go up, but we tend to be trusting,” Smith said. “The excitement of having a new roommate and the many e-mails develop a trust.”

The checks or money orders look legitimate but are counterfeit.

“If you receive something in the mail and you are asked to send cash back, then it is a fraud,” Smith said.

Losses by Davis residents in the rental scam are generally running between $1,500 and $3,000.

“You can see if you do several hundred of these from overseas, if you get four or five people to send money, then that is a pretty good paycheck for just corresponding on the Internet,” Smith said.

View this story at http://www.signonsandiego.com/uniontrib/20070805/news_1h05scam.html

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Service Members Civil Relief Act, Simplified

From, Rod Powers  *****  Your Guide to U.S. Military
 

The very nature of military service often compromises the ability of service members to fulfill their financial obligations and to assert many of their legal rights. Congress and the state legislatures have long recognized the need for protective legislation.

During the Civil War, the United States Congress enacted an absolute moratorium on civil actions brought against Federal soldiers and sailors, and various southern states enacted similar legislation. During World War I, Congress passed the Soldiers' and Sailors' Civil Relief Act of 1918. The 1918 statute did not create a moratorium on actions against service members, but it directed trial courts to take whatever action equity required when a service member's rights were involved in a controversy.

In 1940, the law was completely re-written, to expand legal protections to service members.

Experience during World War II and subsequent armed conflicts made certain changes in the statute necessary. The first of these amendments became law in 1942. In amending the Act, Congress was motivated, in part, by the desire to override court decisions that, in some instances, had led to restrictive interpretations of the Act. The act went on to receive several minor changes over the years.

In 2003, the Soldiers and Sailors Civil Relief Act was completely re-written, and re-named the Service members Civil Relief Act. The bill was signed into law by President Bush on December 19, 2003 . This is the law that now governs legal protections for members of the United States Military.

Reservists and members of the National Guard (when in active federal service) are also protected under the SSCRA. SSCRA (for all) begins on the first day of active duty, which means when the person ships out to basic training (Basic Training, and job-school are considered active duty for Guard and Reserve personnel, as well as active duty personnel). Some protections under the act extend for a limited time beyond active duty discharge or release but are tied to the discharge/release date. Additionally, some of the Act’s protections extend to the members’ dependents.

National Guard members recalled for State duty are also protected by the Service member's Civil Relief Act in certain circumstances. National Guard members are entitled to SCRA protection when called to state active duty under Title 32, if the duty is because of a federal emergency, the request for active duty is made by the President or Secretary of Defense, and the member is activated for longer than 30 days. An example of this would be the National Guard members who were activated by the states, at the request of the President, to provide security for airports after 9-11.

Major Legal Protections:

Termination of Residential Leases. The SCRA allows individuals to break a lease when they go onto active duty, if the lease was entered into before going onto active duty. Additionally, the act allows a service member to terminate a residential lease entered into while in the military, if the member receives permanent change of station ( PCS ) orders, or orders to deploy for a period of not less than 90 days.  This protection covers "lease of premises occupied, or intended to be occupied, by a service member or a service member’s dependents for a residential, professional, business, agricultural, or similar purpose."

To break a lease under these provisions, the service member must make the request in writing, and must include a copy of their orders (orders placing them on active duty, PCS orders, or deployment orders). The member may deliver the notification by hand, by commercial carrier, or by mail (return receipt requested).

The termination date for a lease that requires monthly rent, the earliest termination date is 30 days after the first date on which the next payment is due, following proper notification of termination of lease. For example, if Sgt John pays his rent on the first of every month, and he notifies his landlord (and gives the landlord a copy of his orders), on the 18th of June, that he wishes to terminate the lease under the provisions of the SCRA, the earliest termination date  1 August (the next rent is due 1 July, and 30 days later is 1 August).   

If it's some other arrangement, other than monthly rent, the earliest termination of the lease is the last day of the month, following the month in which the notice is given. So, if notice is given on 20 June, the earliest termination date would be 31 July.

I'm often asked, "What if there are other people on the lease? Who has to make up the rent?" Not the landlord, that's for sure. Also, not the service member. The SCRA is silent in this area. In most states, the burden would likely fall on the remaining roommates. They would either have to make up the military member's share of the rent, or find another roommate. The SCRA gives the military member the right to terminate his/her own portion of the lease early, but the law does not require the landlord to decrease the amount of total rent for the property, nor does the law protect remaining non-military roommates (unless, of course, they are the member's legal dependents).

Automobile Leases: Military members may also terminate automobile leases in certain circumstances. Just like with residential leases, if a member enters into an automobile lease before going on active duty, the member may request termination of the lease when he/she goes onto active duty.  However, for this to apply, the active duty must be for at least 180 continuous days. So, if a person joined the Reserves, and had orders for basic training and technical school, the total of which was only 120 days, he/she could not terminate the automobile lease under this act.  

Additionally, military members making a permanent change of station ( PCS ) move, or who deploy for 180 days or longer may terminate such leases.  The act specifically covers " lease of a motor vehicle used, or intended to be used, by a service member or a service member’s dependents for personal or business transportation."  To terminate the lease, the member must make the request in writing, along with a copy of orders. The member may deliver the notification by hand, by commercial carrier, or by mail (return receipt requested). Additionally, the member must then return the vehicle to the lessor within 15 days of delivery of the termination notice.

The lessor is prohibited from charging an early lease termination fee. However, any taxes, summonses, and title and registration fees and any other obligation and liability of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, use and mileage, that are due and unpaid at the time of termination of the lease shall be paid by the lessee.

Evictions from leased housing:   Service members may seek protection from eviction under SSCRA. The rented/leased property must be occupied by the service member or his/her dependents for the purpose of housing, and the rent can not exceed $2,400 (for 2004 -- the actual amount is automatically adjusted each year, by the inflation rate). The service member or dependent who has received notice of an eviction must submit a request to the court for protection under the SSCRA. If the court finds that the service member’s military duties have materially affected his ability to pay his rent timely, the judge may order a stay, postponement, of the eviction proceeding for up to 3 months or make any other “just” order.  

Installment Contracts:  The SCRA gives certain protections against repossessions for installment contracts (including automobile leases). If the contract was entered into before going on active duty and at least one payment was made before that time, the creditor cannot repossess the property, while the member is on active duty, nor can they terminate the contract for breach, without a court order.

6% Interest Rate :  If a service member’s military obligation has affected his/her ability to pay on financial obligations such as credit cards, loans, mortgages, etc., the service member can have his/her interest rate capped at 6% for the duration of the service member’s military obligation.

Qualifying debts are debts that were incurred by the service member, or the service member and their spouse, jointly, before coming on active duty. Debts entered into after going on active duty are not so protected.

Notice that this particular provision of the act only applies if a service member’s military service affects their ability to pay. However, the burden is on the creditor to seek relief in court if the creditor believes  that the service member’s military career does not materially affect his/her ability to pay. The creditor    must comply, unless he/she gets a court-order stating otherwise.

In order for an obligation or liability of a service member to be subject to the interest rate limitation, the service member must provide to the creditor written notice and a copy of the military orders calling the service member to military service and any orders further extending military service, not later than 180   days after the date of the service member’s termination or release from military service. Upon receipt of notice, the creditor must reduce the interest rate to a maximum of 6 percent, effective the first day of active duty (even if the service member makes the request at a later time).

The law unambiguously states that no interest above 6 percent can accrue for credit obligations while on active duty (for debts incurred before going onto active duty), nor can that excess interest become due once the service member leaves active duty (that was a "trick" some creditors tried under the old law) – instead that portion above 6 percent is permanently forgiven. Furthermore, the monthly payment must be reduced by the amount of interest saved during the covered period.

Court Proceedings:  If a service member is a defendant in a civil court proceeding, the court may (note   the word "may"), on its own motion, grant a 90-day stay (delay) in the proceedings.

 If the service member asks for a stay, the court must grant a minimum 90 day stay, if:

 1.  The service member submits a letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the service member’s ability to appear and  stating a date when the service member will be available to appear; and

 2.  The service member submits a letter or other communication from the service member’s commanding officer stating that the service member’s current military duty prevents appearance and that military leave   is not authorized for the service member at the time of the letter.

The provision applies to civil lawsuits, suits for paternity, child custody suits, and bankruptcy debtor/creditor meetings, and administrative proceedings.  The new act specifically states that a service member communicating with the court requesting a stay does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction). Under the old act, some courts held that merely communicating with the court (i.e., requesting a stay, implied that the member agreed to jurisdiction of the court).

A service member who is granted a stay may request an additional stay; if he/she can show that military requirements affect his/her ability to appear (commander's letter is also needed). However, the court is not obligated to grant the additional stay. If the court refuses to grant an additional stay of proceedings, the  court must appoint counsel to represent the service member in the action or proceeding.

If a default judgment is entered in a civil action against a service member during the service member’s period of military service (or within 60 days after termination of or release from such military service),   the court entering the judgment must, upon application by or on behalf of the service member, reopen the judgment for the purpose of allowing the service member to defend the action if it appears that--

 1.  the service member was materially affected by reason of that military service in making a defense to   the action; and

 2.  the service member has a meritorious or legal defense to the action or some part of it.

Enforcement of Obligations, Liabilities, Taxes.   A service member or dependent may, at any time during his/her military service, or within 6 months thereafter, apply to a court for relief of any obligation or liability incurred by the service member or dependent prior to active duty or in respect to any tax or assessment whether falling during or prior to the service member’s active military service. The court may grant stays of enforcement during which time no fine or penalty can accrue.

Additionally, the act prevents service members from a form of double taxation that can occur when they have a spouse who works and is taxed in a state other than the state in which they maintain their permanent legal residence. The law prevents states from using the income earned by a service member in determining the spouse’s tax rate when they do not maintain their permanent legal residence in that state.

Re-employment Rights.  Contrary to what many people believe, there are no provisions for Reemployment Rights as part of the Soldiers and Sailors Civil Relief Act. Reemployment rights are a completely separate legislation, The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Military Employment/Reemployment Rights From the United States Department of Labor

Uniformed Services Employment & Reemployment Rights Act

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).was signed on October 13, 1994 . The provisions of the act are contained under United States Code, Title 38, Sections 4301 through 4333.

The Act applies to persons who perform duty, voluntarily or involuntarily, in the "uniformed services," which include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services. Federal training or service in the Army National Guard and Air National Guard also gives rise to rights under USERRA.

Uniformed service includes active duty, active duty for training, inactive duty training (such as drills), initial active duty training, and funeral honors duty performed by National Guard and reserve members, as well as the period for which a person is absent from a position of employment for the purpose of an examination to determine fitness to perform any such duty.

Who’s eligible for reemployment?

Reemployment rights extend to persons who have been absent from a position of employment because of "service in the uniformed services." "Service in the uniformed services" means the performance of duty on  a voluntary or involuntary basis in a uniformed service, including:

Active duty

Active duty for training

Initial active duty for training

Inactive duty training

Full-time National Guard duty.

Absence from work for an examination to determine a person’s fitness for any of the above types of duty.

Funeral honors duty performed by National Guard or reserve members

The "uniformed services" consist of the following:

Army, Navy, Marine Corps, Air Force, or Coast Guard.

Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve.

Army National Guard or Air National Guard.

Commissioned Corps of the Public Health Service.

Any other category of persons designated by the President in time of war or emergency.

Advance Notice:

The law requires all employees to provide their employers with advance notice of military service.

Notice may be either written or oral. It may be provided by the employee or by an appropriate officer of  the branch of the military in which the employee will be serving. However, no notice is required if:

1.   military necessity prevents the giving of notice; or

2.   the giving of notice is otherwise impossible or unreasonable.

Duration of Service:

The cumulative length service that causes a person’s absences from a position may not exceed five years. Most types of service will be cumulatively counted in the computation of the five-year period.

Exceptions:  Eight categories of service are exempt from the five-year limitation. These include:

 1.  Service required beyond five years to complete an initial period of obligated service. Some military specialties, such as the Navy’s nuclear power program, require initial active service obligations beyond five years.

 2.  Service from which a person, through no fault of the person, is unable to obtain a release within the   five year limit. For example, the five-year limit will not be applied to members of the Navy or Marine Corps whose obligated service dates expire while they are at sea. Nor will it be applied when service members are involuntarily retained on active duty beyond the expiration of their obligated service date (STOP LOSS).

Required training for reservists and National Guard members:   The two-week annual training sessions and monthly weekend drills mandated by statute for reservists and National Guard members are exempt from the five-year limitation. Also excluded are additional training requirements certified in writing by the Secretary of the service concerned to be necessary for individual professional development.

 1.  Service under an involuntary order to, or to be retained on, active duty during domestic emergency or national security related situations.

 2.  Service under an order to, or to remain on, active duty (other than for training) because of a war or national emergency declared by the President or Congress. This category includes service not only by persons involuntarily ordered to active duty, but also service by volunteers who receive orders to active duty.

Employment Rights:

Active duty (other than for training) by volunteers supporting "operational missions" for which Selected Reservists have been ordered to active duty without their consent. Such operational missions involve circumstances other than war or national emergency for which, under presidential authorization, members  of the Selected Reserve may be involuntarily ordered to active duty under Title 10, U.S.C. Section 12304. The recent U.S. military involvement in support of restoration of democracy in Haiti (“Uphold Democracy”) was such an operational mission as is the operation in Bosnia (“Joint Endeavor”).

 1. This sixth exemption for the five-year limitation covers persons who are called to active duty after volunteering to support operational missions.  Persons involuntarily ordered to active duty for operational missions would be covered by the fourth exemption, above.

 2.  Service by volunteers who are ordered to active duty in support of a "critical mission or requirement"  in times other than war or national emergency and when no involuntary call up is in effect. The Secretaries of the various military branches each have authority to designate a military operation as a critical mission  or requirement.

 3.  Federal service by members of the National Guard called into action by the President to suppress an insurrection, repel an invasion, or to execute the laws of the United States.

Disqualifying service:

When would service be disqualifying? The statute lists four circumstances:

 1.  Separation from the service with a dishonorable or bad conduct discharge.

 2.  Separation from the service under other than honorable conditions.

 3.  Dismissal of a commissioned officer in certain situations involving a court martial or by order of the President in time of war (Section 1161(a) of Title 10).

 4.  Dropping an individual from the rolls when the individual has been absent without authority for more than three months or who is imprisoned by a civilian court. (Section 1161(b) of Title 10).

Reporting back to work:

Service of 1 to 30 days:  The person must report to his or her employer by the beginning of the first regularly scheduled work day that would fall eight hours after the end of the calendar day. For example, an employer cannot require a service member who returns home at 10:00 p.m. to report to work at 12:30 a.m. that night. But the employer can require the employee to report for the 6:00 a.m. shift the next morning.

If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable,    the employee must report back to work as soon as possible.

Fitness Exam:  The time limit for reporting back to work for a person who is absent from work in order to take a fitness-for-service examination is the same as the one above for persons who are absent for 1 to 30 days. This period will apply regardless of the length of the person’s absence.

Service of 31 to 180 days:  An application for reemployment must be submitted no later than 14 days after completion of a person’s service. If submission of a timely application is impossible or unreasonable through no fault of the person, the application must be submitted as soon as possible. If the 14th day falls   on a day when the offices are not open, or there is otherwise no one available to accept the application, the time extends to the next business day.

Service of 181 or more days:   An application for reemployment must be submitted no later than 90 days after completion of a person’s military service. If the 90th day falls on a day when the offices are not open, or there is otherwise no one available to accept the application, the time extends to the next business day.

Disability incurred or aggravated:  The reporting or application deadlines are extended for up to two years for persons who are hospitalized or convalescing because of a disability incurred or aggravated during the period of military service.  The two-year period will be extended by the minimum time required to accommodate a circumstance beyond an individual’s control that would make reporting within the two-year period impossible or unreasonable.

Unexcused delay:   Are a person’s reemployment rights automatically forfeited if the person fails to report to work or to apply for reemployment within the required time limits? No. But the person will then be subject to the employer’s rules governing unexcused absences.

How to place eligible persons in a job:

Except with respect to persons who have a disability incurred in or aggravated by military service, the position into which a person is reinstated is based on the length of a person's military service.

1 to 90 days:   A person whose military service lasted 1 to 90 days must be "promptly reemployed" in the following order of priority:

(1) (A) in the job the person would have held had the person remained continuously employed, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer to qualify the person; or, (B) in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, only if the person is not qualified to perform  the duties of the position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person.

(2) if the employee cannot become qualified for either position described above (other than for a disability incurred in or aggravated by the military service) even after reasonable employer efforts, the person is to be reemployed in a position that is the nearest approximation to the positions described above (in that order) which the person is able to perform, with full seniority.

With respect to the first two positions, employers do not have the option of offering other jobs of equivalent seniority, status, and pay.

91 or more days:   The law requires employers to promptly reemploy persons returning from military service of 91 or more days in the following order of priority:

 (1) (A). In the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer to qualify the person; or, (B) in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of the position referred to in subparagraph (A) after reasonable efforts by the employer to qualify the person.

 (2) If the employee cannot become qualified for the position either in (A) or (B) above: in any other position of lesser status and pay, but that most nearly approximates the above positions (in that order) that the employee is qualified to perform with full seniority.

"Escalator" position:  The reemployment position with the highest priority in the reemployment schemes reflects the "escalator" principle that has been a key concept in federal veterans' reemployment legislation. The escalator principle requires that each returning service member actually step back onto the seniority escalator at the point the person would have occupied if the person had remained continuously employed. The position may not necessarily be the same job the person previously held. For instance, if the person would have been promoted with reasonable certainty had the person not been absent, the person would be entitled to that promotion upon reinstatement. On the other hand, the position could be at a lower level    than the one previously held, it could be a different job, or it could conceivably be in layoff status.

Qualification efforts:    Employers must make reasonable efforts to qualify returning service members  who are not qualified for reemployment positions that they otherwise would be entitled to hold for reasons other than a disability incurred or aggravated by military service.

Employers must provide refresher training, and any training necessary to update a returning employee's skills in situation where the employee is no longer qualified due to technological advances. Training will not be required if it is an undue hardship for the employer, as discussed below.

If reasonable efforts fail to qualify a person for the first and second reemployment positions in the above schemes, the person must be placed in a position of equivalent or nearest approximation and pay that the person is qualified to perform (the third reemployment position in the above schemes).

"Prompt" reemployment:  The law specifies that returning service members be "promptly reemployed." What is prompt will depend on the circumstances of each individual case. Reinstatement after weekend National Guard duty will generally be the next regularly scheduled working day. On the other hand, reinstatement following five years on active duty might require giving notice to an incumbent employee  who has occupied the service member's position and who might possibly have to vacate that position.

Changed circumstances:   Reemployment of a person is excused if an employer's circumstances have changed so much that reemployment of the person would be impossible or unreasonable. A reduction-in-force that would have included the person would be an example.

Undue hardship:  Employers are excused from making efforts to qualify returning service members or   from accommodating individuals with service-connected disabilities when doing so would be of such difficulty or expense as to cause "undue hardship.

Seniority rights:   Reemployed service members are entitled to the seniority and all rights and benefits based on seniority that they would have attained with reasonable certainty had they remained continuously employed.

A right or benefit is seniority-based if it is determined by or accrues with length of service. On the other hand, a right or benefit is not seniority-based if it is compensation for work performed or is subject to a significant contingency.

Rights not based on seniority:   Departing service members must be treated as if they are on a leave of absence. Consequently, while they are away they must be entitled to participate in any rights and benefits not based on seniority that are available to employees on nonmilitary leaves of absence, whether paid or unpaid. If there is a variation among different types of nonmilitary leaves of absence, the service member   is entitled to the most favorable treatment so long as the nonmilitary leave is comparable. For example, a three-day bereavement leave is not comparable to a two-year period of active duty.  The returning employees shall be entitled not only to no seniority rights and benefits available at the time they left for military service, but also those that became effective during their service.

Vacation pay:   Service members must, at their request, be permitted to use any vacation that had accrued before the beginning of their military service instead of unpaid leave. However, it continues to be the law that service members cannot be forced to use vacation time for military service.

Health benefits:    The law provides for health benefit continuation for persons who are absent from work to serve in the military, even when their employers are not covered by COBRA. (Employers with fewer than 20 employees are exempt for COBRA.)   If a person's health plan coverage would terminate because  of an absence due to military service, the person may elect to continue the health plan coverage for up to 18 months after the absence begins or for the period of service (plus the time allowed to apply for reemployment), whichever period is shorter. The person cannot be required to pay more than 102 percent  of the full premium for the coverage. If the military service was for 30 or fewer days, the person cannot be required to pay more than the normal employee share of any premium.

Exclusions/waiting periods:   A waiting period or exclusion cannot be imposed upon reinstatement if  health coverage would have been provided to a person had the person not been absent for military service. However, an exception applies to disabilities determined by the Secretary of Veterans' Affairs (VA) to be service-connected.

Multi-employer:   Liability for employer contributions and benefits under multi-employer plans is to be allocated by the plan sponsor in such manner as the plan sponsor provides. If the sponsor makes no provision for allocation, liability is to be allocated to the last employer employing the person before the person's military service or, if that employer is no longer functional, to the plan.

Protection from discharge:   Under USERRA, a reemployed employee may not be discharged without cause as follows:

 1.  For one year after the date of reemployment if the person's period of military service was for more than six months (181 days or more).

 2.  For six months after the date of reemployment if the person's period of military service was for 31 to 180 days.

 3.  Persons who serve for 30 or fewer days are not being protected from discharge without cause. However, they are protected from discrimination because of military service or obligation.

Discrimination:   Employment discrimination because of past, current, or future military obligations is prohibited. The ban is broad, extending to most areas of employment, including:

1.  hiring;

2.  promotion;

3.  reemployment;

4.  termination; and

5.  benefits

Persons protected.   The law protects from discrimination past members, current members, and persons who apply to be a member of any of the branches of the uniformed services.  Previously, only Reservists and National Guard members were protected from discrimination. Under USERRA, persons with past, current, or future obligations in all branches of the military are also protected.

Standard/burden of proof:   If an individual's past, present, or future connection with the service is a motivating factor in an employer's adverse employment action against that individual, the employer has committed a violation, unless the employer can prove that it would have taken the same action regardless   of the individual's connection with the service. The burden of proof is on the employer once a prima facie case is established.   The enacted law clarifies that liability is possible when service connection is just one of an employer's reasons for the action.  To avoid liability, the employer must prove that a reason other  than service connection would have been sufficient to justify its action.   Both the standard and burden of proof now set out in the law apply to all cases, regardless of the date of the cause of action, including discrimination cases arising under the predecessor ("VRR") law.

Reprisals:

Employers are prohibited from retaliating against anyone:

 1.  who files a complaint under the law;

 2.  who testifies, assists or otherwise participates in an investigation or proceeding under the law; or

 3.  who exercises any right provided under the law. (whether or not the person has performed military service).

How the law is enforced:  

Regulations:  The Secretary of Labor is empowered to issue regulations implementing the statue. Previously, the Secretary lacked such authority. However, certain publications issued by the U.S. Department of Labor had been accorded "a measure of weight" by the courts.

Veterans' Employment and Training Service (VETS):  Reemployment assistance will continue to be provided by the Veterans' Employment and Training Service (VETS), of the Department of Labor. VETS investigates complaints and attempts to resolve them. Filing of complaints with VETS is optional. One can file a complaint with their local VETS office.

Access to documents:   The law gives VETS a right of access to examine and duplicate employer and employee documents that it considers relevant to an investigation. VETS also have the right of reasonable access to interview persons with information relevant to the investigation.

Subpoenas:   The law authorizes VETS to subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation.

Government-assisted court actions:   Persons whose complaints are not successfully resolved by VETS may request that their complaints be submitted to the Attorney General for possible court action. If the Attorney General is satisfied that a complaint is meritorious, the Attorney General may file a court action  on the complainant's behalf.

Private court actions:  Individuals continue to have the option to privately file court actions. They may do so if they have chosen not to file a complaint with VETS, have chosen not to request that VETS refer their complaint to the Attorney General, or have been refused representation by the Attorney General.

Double damages:   Award of back pay or lost benefits may be doubled in cases where violations of the  law are found to be "willful." "Willful" is not defined in the law, but the law's legislative history indicates the same definition that the U.S. Supreme Court has adopted for cases under the Age Discrimination in Employment Act should be used. Under that definition, a violation is willful if the employer's conduct was knowingly or recklessly in disregard of the law.

Fees:   The law, at the court's discretion, allows for awards of attorney fees, expert witness fees, and other litigation expenses to successful plaintiffs who retain private counsel. Also, the law bans charging of court fees or costs against anyone who brings suit.

Declaratory judgments:  Only persons claiming rights under the law may bring lawsuits. According to the law's legislative history, its purpose is to prevent employers, pension plans, or unions from filing actions for declaratory judgments to determine potential claims of employees.

When Does Daylight Time Begin and End?

U.S. Naval Observatory         Astronomical Applications Department

Currently, daylight time begins in the United States on the first Sunday in April and ends on the last Sunday in October. On the first Sunday in April, clocks are set ahead one hour at 2:00 a.m. local standard time, which becomes 3:00 a.m. local daylight time. On the last Sunday in October, clocks are set back one hour  at 2:00 a.m. local daylight time, which becomes 1:00 a.m. local standard time. These dates were recently modified with the passage of the Energy Policy Act of 2005, Pub. L. no. 109-58, 119 Stat 594 (2005). Starting in March 2007, daylight time in the United States will begin on the second Sunday in March and  end on the first Sunday in November.

Not all places in the U.S. observe daylight time. In particular, Hawaii and most of Arizona do not use it. Indiana just recently adopted the use of it beginning in 2006.

• In 2006, daylight time begins on April 2 and ends on October 29.
• In 2007, daylight time begins on March 11 and ends on November 4. [New law goes into effect.]
• In 2008, daylight time begins on March 9 and ends on November 2.

Many other countries observe some form of "summer time", but they do not necessarily change their clocks on the same dates as the U.S.

Daylight time and time zones in the U.S. are defined in the U.S. Code, Title 15, Chapter 6,             Subchapter IX - Standard Time

History of Daylight Time in the U.S.

Although standard time in time zones was instituted in the U.S. and Canada by the railroads in 1883, it was not established in U.S. law until the Act of March 19, 1918, sometimes called the Standard Time Act. The act also established daylight saving time, a contentious idea then. Daylight saving time was repealed in 1919, but standard time in time zones remained in law. Daylight time became a local matter. It was re-established nationally early in World War II, and was continuously observed from 9 February 1942 to 20 September 1945. After the war its use varied among states and localities. The Uniform Time Act of 1966 provided standardization in the dates of beginning and end of daylight time in the U.S. but allowed for local exemptions from its observance. The act provided that daylight time begin on the last Sunday in April and end on the last Sunday in October, with the changeover to occur at 2 a.m. local time.

During the "energy crisis" years, Congress enacted earlier starting dates for daylight time. In 1974, daylight time began on 6 January and in 1975 it began on 23 February. After those two years the starting date reverted back to the last Sunday in April. In 1986, a law was passed permanently shifting the starting date of daylight time to the first Sunday in April, beginning in 1987. The ending date of daylight time has not been subject to such changes, and has remained the last Sunday in October. With the Energy Policy Act of 2005, the starting and ending dates have once again been shifted. Beginning in 2007, daylight time will start on the second Sunday in March and end on the first Sunday in November.