Department of Labor Issues Final Rules Regarding Military Service

The US Department of Labor (DOL) has issued its final interpretative rules under the Uniformed Services Employment and Reemployment Rights Act (USERRA) – see http://www.dol.gov/vets/regs/fedreg/final/USERRA_Final_Rule.pdf

USERRA is the federal law that regulates employment rights for military service members. The rules are written in an easy-to-read Q & A format and encompass nearly 300 pages. Key provisions address reinstatement rights and obligations, employee benefits, and notice requirements. The regulations affirm USERRA’s strong pro-military member intent and its corresponding broad definition of “employer” which, unlike most federal employment discrimination statutes, includes individual supervisors and managers.

Effective January 18, 2006, employers must comply with DOL’s new notice requirements which substantially track the interim notice obligations we discussed in our March 2005 newsletter. Employers may satisfy their notice obligations by posting DOL’s revised model poster which can be downloaded on-line at http://www.dol.gov/vets/programs/userra/poster.htm.