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| USERRA
Update! |
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New Notice Requirements For
Employers Under
Uniformed Services Employment and Reemployment Rights Act
The Uniformed Services Employment
and Reemployment Rights Act (“USERRA”) provides certain
employment and reemployment rights for members of the uniformed
services, including veterans and members of the Reserve and National
Guard. Under this federal statute, there are a variety of employment
related rights afforded to veterans and members of the Reserve
and National Guard.
What is perhaps less well-known, however, is the fact that this
federal law was amended in December of 2004 by virtue of the Veterans
Benefits Improvement Act of 2004 (“VBIA”). Among other
things, the VBIA added a new notice requirement that requires employers
to provide notice of USERRA rights to persons entitled to such
rights and benefits.
Pursuant to regulatory authority delegated to the Secretary of
Labor, the Veterans’ Employment and Training Service of the
U.S. Department of Labor published an interim final rule on March
10, 2005, which includes the text of the required notice under
the VBIA. The actual DOL published poster is attached, and further
information can be obtained from the DOL’s web site at http://www.dol.gov/vets/.
The simplest way for employers to satisfy the notice requirements
of the VBIA is to post the DOL published poster where other employee
notices are customarily posted. However, the statute does allow
employers to provide the required notice to employees in other
ways that may minimize costs, but still ensure that the full text
of the notice is provided. The notice requirements of the VBIA
became effective March 10, 2005, thus, employers should immediately
make plans for implementation of steps to satisfy this new notice
requirement, if such actions are not already underway.
Contact your Constangy attorney for further information. |
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