USERRA UPDATE August 15, 2008
Posted by Service Officer on August 14th, 2008
Senators Robert Casey (D-PA), Edward Kennedy (D-MA) and Barack Obama (D-IL) and have sponsored S.3432, the Servicemembers’ Access to Justice Act, with a House companion bill expected soon, which would eliminate state sovereign immunity and make states subject to USERRA claims if they receive any federal financial assistance for any program or activity. The bill would also provide enhanced USERRA remedies against state, federal and/or private employers for violating USERRA, including damages plus interest for lost wages or actual monetary losses where wages have not been denied; liquidated damages equal to the wages or other monetary loss or $10,000, whichever is greater. Members with claims against state and private employers would be entitled to a jury trial and to punitive damages in the case of an employer of 25 or more employees whose violation was done with malice or reckless indifference to the rights of the servicemember. Successful claimants would mandatorily be awarded attorney fees acquired in fighting for their USERRA rights.
The Uniformed Services Employment and Re-employment Rights Act protects family and medical leave rights of reservists and guardsmen. Under the Act any person called up for military service has certain rights in the civilian workplace. Every employer, from the biggest of corporations to small businesses, must comply. The act covers people who’ve been absent from work because of:
Active duty.
Active duty for training.
Inactive duty training.
Full-time National Guard duty.
An examination to determine fitness for any of the types of duty mentioned above.
Funeral honors duty performed by National Guard or reservists.
Employers must extend USERRA provisions to anyone in the Army, Navy, Marine Corps, Air Force or Coast Guard; Reserves and National Guard; Commissioned Corps of the Public Health Service; or any other group of people designated by the president. For more information on the USERRA refer to www.dol.gov/vets. [Source: NGAUS Leg Up 8 AUG 08]
