What damages are available under USERRA?
A: USERRA does not provide for punitive damages, but it does provide: “The court may require the employer to pay the person an amount equal to the amount referred to in subparagraph (B) [actual compensatory damages] as liquidated damages, if the court determines that the employer’s failure to comply with the provisions …
When did USERRA become effective?
October 13, 1994
USERRA became law on October 13, 1994. USERRA’s reemployment provisions apply to members of the uniformed services seeking civilian reemployment on or after December 12, 1994. USERRA’s anti-discrimination and anti-retaliation provisions became effective on October 13, 1994.
What agency enforces USERRA?
The U.S. Department of Labor, Veterans
The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at
Is National Disaster Medical System covered under USERRA?
Intermittent employees of the National Disaster Medical System (NDMS) are also considered to be performing “service in the uniformed services” and protected by USERRA when activated to provide assistance in a public health emergency, to be present when there is a risk of a public health emergency, or when participating …
What is USERRA leave?
USERRA stands for the Uniformed Services Employment and Reemployment Rights Act. USERRA protects the employment rights of people in military service and those who apply for military service. USERRA is meant to help service members find and keep civilian jobs. All employers must follow the USERRA military leave policy.
Is USERRA leave paid?
USERRA Gets You Paid Military Leave! The Third Circuit Court of Appeals recently held that the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) entitles employees to paid short-term military leave in certain circumstances, following the Seventh Circuit’s similar holding in White v.
Do most employers pay for military leave?
Generally, only public employers are required to pay for any part of military leave. Private employers may grant annual leave with or without pay and may pay for all or part of the leave.
Does USERRA cover basic training?
Yes. Reserve duty and training in any of the five military branches are covered under the Uniformed Services and Reemployment Rights Act of 1994 (USERRA). Covered uniformed service includes: Active or inactive duty for training.
What is USERRA and how does it work?
USERRA entitles servicemembers to return to their civilian employment upon completion of their military service with the seniority, status, and rate of pay that they would have obtained had they remained continuously employed by their civilian employer. USERRA also prohibits discrimination based on present, past and future military service.
Can the Attorney General bring a lawsuit for USERRA violations?
The Attorney General has authority to bring lawsuits against private, state, and local government employers for violations of USERRA only upon receiving complaint referrals from the Department of Labor (“DOL”). Prior to referral, DOL’s Veterans’ Employment and Training Service (“VETS”) investigates and attempts to resolve servicemember complaints.
Where are USERRA referrals assigned?
Within the Division, USERRA referrals are assigned to the Employment Litigation Section, which often handles the referrals in cooperation with local United States Attorneys’ Offices.
Did the city of Joliet violate USERRA protections?
Recently, the Department filed an amicus brief in Mueller v. City of Joliet in support of an Illinois National Guard member who alleged that the City of Joliet violated his USERRA protections by denying him the opportunity to accrue employment benefits while he was deployed as part of a state counter-drug operation.
