Employment Law and Selective Service 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.

 

Court Orders Facebook to Produce “Private” Information

Posted by Marc Smith | Sep 27, 2010 | 0 Comments

In an interesting recent case, Romano v. Steelcase, Inc., an employee alleged she had suffered a workplace injury that caused significant physical harm, including an injury to her neck and back and “pain and progressive deterioration with consequential loss of enjoyment of life.” As part of its d...

Are Employees Entitled to FMLA Leave For Cosmetic Surgery?

Posted by Marc Smith | Aug 24, 2010 | 0 Comments

The Family and Medical Leave Act of 1993 (“FMLA”) provides for up to 12 weeks of job protected, unpaid leave each year for certain employees for reasons that include the employee's own serious health condition. Are employees entitled to leave under the FMLA for cosmetic surgery? The answer depend...

Waitress Fired For Negative Comments Posted on Facebook

Posted by Marc Smith | May 20, 2010 | 0 Comments

In yet another example of an employee fired for materials posted on a social media site, a 22-year-old waitress employed at a pizza restaurant in North Carolina, was abruptly terminated after posting negative comments about one of her customers on Facebook (the customers apparently lingered in th...

Proposed Legislation Threatens New FLSA Penalties

Posted by Marc Smith | May 05, 2010 | 0 Comments

As reported by the Fisher & Phillips, LLC employment blog, both the Senate and House have proposed bills that would, if passed, provide for expansive changes in the Fair Labor Standards Act's (“FLSA”) civil monetary penalties. Today, the FLSA permits the Department of Labor (“DOL”) to impose a c...

FLSA Amended To Mandate Breaks For Nursing Mothers

Posted by Marc Smith | May 03, 2010 | 0 Comments

Although it has largely flown under the radar, a section of the Patient Protection and Affordable Care Act recently signed by President Obama amended the Fair Labor Standards Act (“FLSA”) to require employers to provide rest breaks and space for employees who are nursing mothers to express breast...

COBRA Subsidy Extended Through May 31, 2010

Posted by Marc Smith | Apr 29, 2010 | 0 Comments

In an earlier article posted on this blog, we reported that the COBRA subsidy benefit under the American Recovery and Reinvestment Act of 2009 (“ARRA”) (which provides a 65% subsidy for COBRA premiums) expired on March 31, 2010. On April 15, 2010, President Obama signed H.R. 4851 into law extend...

Withholding Compensation Can Be A Costly Proposition

Posted by Marc Smith | Apr 21, 2010 | 0 Comments

Our clients frequently seek advice concerning their rights when a departing employee owes money to the company.  This issue presents itself in many different contexts — an employee refuses to return a laptop or other company property, has borrowed money from the company, received tuition assistan...

Department of Labor Reverses Course on Mortgage Loan Officers

Posted by Marc Smith | Apr 21, 2010 | 0 Comments

On March 24, 2010, the Department of Labor abruptly reversed its position on the exempt status of mortgage loan officers for purposes of eligibility for overtime compensation.   Less than four years ago, the Department of Labor issued an Opinion Letter in which it determined that mortgage loan of...

Firm Bows to EEOC and Drops Mandatory Retirement Policy

Posted by Marc Smith | Apr 09, 2010 | 0 Comments

Bowing to pressure from the Equal Employment Opportunity Commission, Kelley Drye & Warren, a large law firm with offices in New York, Washington and other cities in the U.S. and abroad, has dropped its mandatory retirement policy after facing pressure from an EEOC age discrimination suit, which a...

Eligibility for COBRA Subsidy Under ARRA Expires

Posted by Marc Smith | Apr 08, 2010 | 0 Comments

As most employers and employees know, COBRA is the federal law that allows certain individuals to extend employer-provided group health coverage if they would otherwise lose the coverage due to certain events such as loss of a job. The premiums for continuing coverage are borne by the employee or...

Proposed Legislation Targets Misclassification of Workers

Posted by Marc Smith | Apr 01, 2010 | 0 Comments

In an effort to remedy what is a pervasive problem across the United States, Congress has introduced “The Employee Misclassification Prevention Act” that would amend the Fair Labor Standards Act (the federal law governing overtime and minimum wage) by imposing record keeping and notice requiremen...

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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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