Myrick v. City of Hoover: Court Affirms USERRA Protections for Police Officers

Background

Four police officers for the City of Hoover, Alabama — Thaddaeus Myrick, Nicholas Braden, Jessie Popee, and Kenneth Fountain — served as reservists in the United States military while employed by the city. Over two decades, the officers were called to active duty a combined thirteen times. During these periods of service, the city provided 168 hours of paid military leave each fiscal year, after which the officers were placed on unpaid status. Once unpaid, they no longer accrued leave or received holiday pay. By contrast, city employees on paid administrative leave continued to receive both benefits.

The officers filed suit in the United States District Court for the Northern District of Alabama, alleging that the city violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to provide the same rights and benefits to employees on military leave as those on comparable non-military leave. The district court granted summary judgment in favor of the officers, finding that the city’s treatment of paid administrative leave and military leave violated USERRA.

Appellate Review

The City of Hoover appealed to the United States Court of Appeals for the Eleventh Circuit, arguing that employees on military leave were not similarly situated to those on paid administrative leave and that the two types of leave were not comparable. The appellate court analyzed the case under 38 U.S.C. § 4316(b)(1)(B), which entitles service members to the same non-seniority rights and benefits as employees with similar seniority, status, and pay who are on comparable forms of non-military leave.

The city argued that employees on military leave were on unpaid status and therefore most comparable to those on unpaid leave. It contended that the officers’ pay status during leave should determine the comparison group. The Eleventh Circuit rejected this argument, deferring to Department of Labor regulations clarifying that an employee’s pay status during leave is irrelevant under § 4316(b)(1)(B). The court held that “status” and “pay” refer to an employee’s general position and salary, not to whether the leave is paid or unpaid.

Legal Analysis

Applying the Chevron framework, the court found that Congress had not unambiguously defined “status” and “pay” in the statute, and thus the Department of Labor’s interpretation was entitled to deference. The agency’s interpretation, codified at 20 C.F.R. § 1002.149, specifies that entitlement to benefits under USERRA does not depend on how an employer characterizes an employee’s status during a period of service. The Eleventh Circuit found this interpretation reasonable and consistent with USERRA’s purpose of protecting veterans’ employment rights.

The court then assessed whether military leave was comparable to paid administrative leave using the three regulatory factors outlined in 20 C.F.R. § 1002.150(c): duration, purpose, and control. It found that both types of leave served similar purposes — compliance with law and protection of employees from hardship. The court also held that both forms of leave were alike in terms of control because neither group of employees could choose when the leave occurred. While military service is mandated by the government, administrative leave often results from management decisions beyond an employee’s control.

Regarding duration, the court observed that the city had granted extended periods of paid administrative leave in the past, including instances lasting over a year, similar in length to some of the officers’ military deployments. The appellate court disagreed with the city’s characterization of these long administrative leaves as outliers and concluded that military and administrative leave were comparable in duration when considering the full scope of city practice.

Court’s Ruling

On June 8, 2023, the Eleventh Circuit affirmed the district court’s judgment. The court held that the City of Hoover violated USERRA by failing to provide officers on military leave with the same benefits, including holiday pay and accrued leave, as employees on paid administrative leave. The decision reinforced that employers must treat military leave as favorably as comparable non-military leave under federal law.

Assistance with USERRA Matters

If you have experienced issues related to military leave, reemployment rights, or unequal treatment in benefits, Whitcomb, Selinsky PC assists with USERRA cases. Contact our team to learn how we can help you safeguard your employment rights under federal law.