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U.S. Department of Labor Issues Draft Regulations for Law that Safeguards Guard and Reserve Members’ Jobs and Benefits

Volume 3, Issue 15
October 11, 2004

On September 20, 2004, the United States Department of Labor published draft regulations interpreting the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA). These draft regulations are the first regulations ever issued under USERRA. It is the latest in a series of proactive steps the department has taken to ensure job security for the largest group of mobilized National Guard and Reserve service members since World War II.

The draft regulations are drafted in plain language and are set forth in an easy-to-read question and answer format. The public has 60 days from the date of issuance to provide any comments or questions regarding the draft regulations. Once finalized, the Department of Labor intends to back up the new USERRA regulations with aggressive enforcement.

USERRA controls the employment and reemployment rights of uniformed service members. It requires public and private employers to provide employees with a leave of absence to serve in the military. USERRA also provides for certain reinstatement and maintenance of benefits rights for employees returning from military service. It also protects members of the uniformed services from discrimination and retaliation in employment because of military service.

You can obtain a copy of the draft USERRA regulations at www.dol.gov.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.