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.