Employment Law and Selective Services Blog

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If you are a male between 18 and 25 years of age, the Military Selective Service Act requires you to register with the Selective Service System — the Agency responsible for maintaining information on those potentially eligible for military service in the event the United States government deems it necessary to implement a military draft.  Most male U.S. citizens and male immigrant non-citizens between the ages of 18 and 25 are required by law to have registered within 30 days of their 18th birthday.  If you are a male between 18 and 25 years of age, you may register on-line by clicking here.  You can check to see if you are properly registered here.

Perhaps surprisingly, many non-citizens are required to register, including illegal aliens, legal permanent residents, and refugees.  Noncitizens who are notrequired to register with Selective Service include men who are in the U.S. on student or visitor visas, and men who are part of a diplomatic or trade mission and their families.  Generally, if a male non-citizen takes up residency in the U.S. before his 26th birthday, he must register with Selective Service.  The Selective Service System has published a useful chart detailing who must register.

Fortunately, the U.S. government has not in recent history actively pursued prosecution of individuals who have failed to register with the Selective Service System.  However, there are significant other penalties that are imposed upon individuals who were required to register, but fail to do so before their 26th birthday.  For example, eligible males who have failed to register may not be able to obtain federal student loans or grants.  Failing to register when required to do so also results in a permanent bar for federal employment unless the individual can demonstrate to the Office of Personnel Management, by a preponderance of the evidence, that their failure to register was not “knowing and willful.”  You have two opportunities to do this — an “initial determination” (which almost always results in an adverse decision) and an appeal to the Director of the OPM.  It is therefore vital to ensure that your case is thoroughly prepared and presented to OPM in the proper form.

 

VA Continues to Make Irrational Selective Service Decisions

Posted by Marc Smith | Oct 15, 2018 | 0 Comments

If you are a male between 18 and 25 years of age, the Military Selective Service Act requires you to register with the Selective Service System — the Agency responsible for maintaining information on those potentially eligible for military service in the event the United States government deems i...

Obama-Era FLSA Amendment DOA

Posted by Marc Smith | Sep 11, 2017 | 0 Comments

The continuing saga of the Obama-era overtime rule now appears to be officially over.  This rule, if implemented, would have required employers to pay employees more than $47,000 annually to qualify under one of the Fair Labor Standards Act's white- collar exemptions.  As set forth in a previous ...

Side-Stepping the New FLSA Requirements

Posted by Marc Smith | Nov 11, 2016 | 0 Comments

In the article below, we informed readers that effective December 1, 2016, sweeping changes will be implemented with regard to the Fair Labor Standards Act (“FLSA”) that will require employers to more than double the minimum weekly salaries of exempt employees in order to maintain the exemption a...

Winds of Change?

Posted by Marc Smith | Jul 26, 2016 | 0 Comments

If you are a male between 18 and 25 years of age, the Military Selective Service Act requires you to register with the Selective Service System — the Agency responsible for maintaining information on those potentially eligible for military service in the event the United States government deems i...

Significant FLSA Changes Looming

Posted by Marc Smith | Jun 27, 2016 | 0 Comments

Under the Fair Labor Standards Act (“FLSA”), employees are entitled to minimum wage and overtime (i.e. time and one-half of the employee's regular rate of pay) for all hours worked over 40 in any given work week).  However, certain categories of employees are considered “exempt” from the FLSA's m...

Montgomery County To Require Paid Sick Leave

Posted by Marc Smith | Jan 23, 2016 | 0 Comments

Effective October 1, 2016, Montgomery County will require employers to provide paid sick leave to their employees. “Sick and safe” leave under this amendment is earned for all work performed in the county. Employers with five or more employees must provide at least one hour of paid leave for ever...

Court Upholds DOL Requirement For Paid Breaks

Posted by Marc Smith | Jan 16, 2016 | 0 Comments

The Fair Labor Standards Act requires employers to pay their non-exempt employees for hours worked. The Department of Labor has a implemented a regulation that states: “Rest periods of short duration, running from 5 minutes to about 20 minutes, are common in industry . . . . They must be counted ...

A Common Misconception About Tipped Employees in Maryland

Posted by Marc Smith | Nov 12, 2015 | 0 Comments

In my 25 years of practice, I have represented both restaurant owners and employees in a variety of wage and hour matters. One issue that I have seen on a recurring basis concerns the payment of minimum wage to tipped employees, such as wait staff and bartenders. Many restaurant employers appear ...

Montgomery County Passes “Ban the Box” Legislation Prohibiting Inquiries About Criminal Convictions Before Conclusion of First Interview

Posted by Marc Smith | Jul 14, 2015 | 0 Comments

In a relatively below-the-radar manner, Montgomery County has enacted the “Fair Criminal Record Screening Standards Act” (the “Act”), prohibiting most private employers, as well as the County government itself, from inquiring about criminal arrests or convictions before the conclusion of a first ...

Employers Beware — Maryland’s Confusing Minimum Wage Laws

Posted by Marc Smith | May 13, 2015 | 0 Comments

Federal minimum wage now stands at $7.25 per hour — meaning that non-exempt employees (i.e. those entitled to overtime) must generally receive an hourly wage that is equivalent to or greater than $7.25.  Pretty simple — unless you happen to work or own a business in a jurisdiction with a minimum ...

Secret Service Fully Implements Relief Imposed by EEOC

Posted by Marc Smith | Feb 15, 2015 | 0 Comments

Some months ago, I wrote an article concerning a case in which we successfully pursued a discrimination and retaliation case against the Secret Service on behalf of a former Special Officer.  Although it had a right to refuse to implement the EEOC Administrative Judge's order and appeal the case,...

EEOC — A Black Hole?

Posted by Marc Smith | Oct 01, 2014 | 0 Comments

In most jurisdictions (DC excluded), the filing of what is known as an “administrative complaint” is a prerequisite to filing a discrimination lawsuit. The administrative complaint process, in theory, is supposed to result in an investigation of the claim and an opportunity to conciliate the comp...

VA and FAA Applicants Beware!

Posted by Marc Smith | Sep 29, 2014 | 0 Comments

If you are a male between 18 and 25 years of age, the Military Selective Service Act requires you to register with the Selective Service System — the Agency responsible for maintaining information on those potentially eligible for military service in the event the United States government deems i...

Recent Selective Service Cases

Posted by Marc Smith | Sep 29, 2014 | 0 Comments

If you are a male between 18 and 25 years of age, the Military Selective Service Act requires you to register with the Selective Service System — the Agency responsible for maintaining information on those potentially eligible for military service in the event the United States government deems i...

The Surprising Costs of Mandatory Arbitration

Posted by Marc Smith | Sep 26, 2014 | 0 Comments

Over the years, the benefits of arbitration versus litigation have been repeatedly touted by employers. With increasing frequency, provisions mandating arbitration of employment-related claims have appeared in employee handbooks or employment contracts. These provisions, which are generally enfor...

Marc J. Smith Selected by XpertHR as Contributing Author

Posted by Marc Smith | Aug 13, 2012 | 0 Comments

Recently, Marc was selected by XpertHR, a comprehensive on-line resource for human resource and other employment specialists, to be a contributing author on various issues relating to employment law in the Commonwealth of Virginia. The articles are focused on Virginia law and include the followi...

Supreme Court Issues Decision In Selective Service Case

Posted by Marc Smith | Jun 21, 2012 | 0 Comments

If you are a male between 18 and 25 years of age, the Military Selective Service Act requires you to register with the Selective Service System — the Agency responsible for maintaining information on those potentially eligible for military service in the event the United States government deems i...

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Representation Of Employers And Employees

The Law Office of Marc J. Smith, LLC is a boutique employment law practice based in downtown Rockville, Maryland near the Montgomery County Circuit and District Courts. The Firm’s practice focuses exclusively in the employment law arena and provides counseling, litigation and a wide range of other employment-related services to employers and employees throughout the State of Maryland, Washington D.C. and other jurisdictions. The Firm also represents individuals who have failed to register with the Selective Service System and who are trying to apply for or maintain federal employment.

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