Military Legal Assistance: National Guard and USERRA Hot Topics

Level: Advanced
Runtime: 199 minutes
Recorded Date: March 13, 2020
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• Unraveling the Labyrinth of National Guard Duty Statuses
        - What is the "National Guard"?
        - Dual Membership
        - Duty Statuses
        - Title 10 (Section 10105/10111 & Section 10106/10112)
        - Title 32
        - National Guard Command and Control
• USERRA Enforcement Program and Hot Topics
        - Introduction to USERRA
        - Rights While Absent
        - Discrimination and Retaliation
        - Reemployment Rights
        - Litigation
        - Remedies
        - Enforcement
        - Investigations
        - Other Enforcement Avenues
• Q & A

Runtime: 3 hours, 19 minutes
Recorded: March 13, 2020


During this 3-hour CLE session, moderator Dawn Du Verney, ABA Standing Committee on Legal Assistance for Military Personnel Member, will facilitate elite speakers for these topics:

Unraveling the Labyrinth of Duty Statuses of the National Guard This 1.25-hour presentation, by Colonel Traci Winston from the National Guard Bureau, reviews National Guard duty statuses. Participants will learn the myriad of State and Federal National Guard duty statuses and types of service, along with how to define what it means and how to determine if a National Guard member is serving in a Title 10 duty status, which is federally funded and federally controlled; Title 32 duty status, which is federally funded, and state controlled; or a State Active Duty (SAD) status, which is state funded, and state controlled. This also addresses how various federal laws and protections - such as the Uniformed Services Employment and Reemployment Rights Act (USERRA), Servicemembers Civil Relief Act (SCRA), and other federal laws - apply to National Guard members in each duty status.

Federal Government’s USERRA Enforcement Program and USERRA Hot Topics From this 1.75-hour presentation, Andrew Braniff from the U.S. Department of Justice, and Deborah Birnbaum and Paul Marone from the U.S. Department of Labor will provide an overview of the Department of Labor’s and the Department of Justice’s USERRA enforcement portfolio. Participants will learn the processes by which cases are investigated and conciliated by the Department of Labor, and how referred cases are prosecuted by the Department of Justice. This session will also review hot topics in USERRA law, focusing on the statute’s reemployment, discrimination, and pension related provisions. Participants will gain knowledge about real world examples of cases and situations where employers risk violating the statute.

This program was recorded on March 13th, 2020

Provided By

American Bar Association


Paul Marone

Senior Compliance Policy Advisor, Veterans’ Employment and Training Service (VETS)
U.S. Department of Labor

Paul A. Marone currently serves as the Senior Compliance Policy Advisor for the U.S. Department of Labor, Veterans’ Employment and Training Service (VETS). In that role, he serves as VETS’ national technical advisor for all USERRA field activities and program operations. Previously, he served as the Senior Investigator in VETS’ Philadelphia Region providing substantive guidance and oversight in the investigation of USERRA and veterans’ preference claims brought by veterans and service members in the Region. Before joining VETS in 2015, Mr. Marone served as a trial attorney with the Department’s Solicitor’s Office since 2007. He handled a variety of labor and employment matters throughout the Department’s program areas, including VETS, MSHA, OSHA, Wage Hour, Labor Relations, and Whistleblower Protection, most notably the Chickie’s & Pete’s FLSA tipped employee case, the A-1 Mortgage FLSA commissioned broker case, the CETUSA J-1 student visa case, and the Cumberland Coal MSHA lifeline case.

Mr. Marone previously served on active-duty with the U.S. Army Judge Advocate General’s Corps, was an associate employment law attorney in a small firm, and a Special Assistant U.S. Attorney in Maryland, the latter for nearly ten years. He joined the Department from the City of Philadelphia Law Department, Civil Rights Unit, where he served as a Deputy City Solicitor defending the City and its police officers in excessive force, fatal shootings, and First Amendment cases in federal and state courts.

Mr. Marone received his B.A. and J.D. degrees from Fordham University in 1988 and 1991, respectively, an LL.M. in Trial Advocacy in 2004 from Temple University, where he was an adjunct professor of trial advocacy from 2006 through 2009, and a Master of Strategic Studies degree from the U.S. Army War College in 2011. In 2016, Mr. Marone retired from the U.S Army Reserve as a Colonel, and most recently commanded the 13th Legal Operations Detachment (Expert). He is admitted to the bar in New York, New Jersey, Maryland, and Pennsylvania, as well as the U.S. Supreme Court, and the U.S. District Courts for New Jersey, Maryland, and the Eastern District of Pennsylvania.

Deborah Birnbaum

Senior Attorney
U.S. Department of Labor

Deborah Birnbaum is a senior attorney at the U.S. Department of Labor’s Office of the Solicitor where she advises on international labor standards and veteran employment issues. Ms. Birnbaum also serves as the coordinator of the Department of Labor’s pro bono program where she founded and leads a committee of colleagues nationwide. She started her legal career in private practice at a large D.C. law firm.

Ms. Birnbaum holds a B.S. in Policy Analysis and Management from Cornell University, and a J.D. from Columbia Law School.

Andrew Braniff

Acting Director, Servicemembers and Veterans Initiative
U.S. Department of Justice

Andrew Braniff is the Acting Director of the Servicemembers and Veterans Initiative for the US Department of Justice.

Col. Traci Winston

Attorney, National Guard Bureau
U.S. Army

Colonel Traci Winston is an attorney for the National Guard Bureau at the United States Army.

Dawn M. Du Verney

Director, Hearing Operations
Social Security Administration

Dawn is a uniquely qualified professional whose background melds the best of many worlds. She has a diverse range of executive leadership and legal experience garnered within corporate environs; academic, social service, and faith-based organizations; and federal and state government agencies. In addition to proven operations expertise, her boundless energy, creativity, unrelenting commitment to achieving win-win solutions, and ability to quickly build rapport with individuals on all levels are perfectly suited to opportunities in diversity, pro bono management, for-profit or nonprofit administration, strategic planning, community affairs, employee engagement, compliance, and academic affairs. Most recently, a colleague summed up what Dawn brings to the table as that of 'an influencer,' who steps into a situation, see the gaps, and conceives and implements solutions that motivate others to engage in the cause.

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