The United States Department of Labor (DOL) final rules relating to the
Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA)
became effective on January 18, 2006. These regulations do not change USERRA,
and USERRA remains the law for employment and re-employment of employees who
serve in the Guard, Reserve, and National Disaster Medical System. These rules
help to clarify application of the statute, and should be referenced when
addressing the employment, re-employment, or treatment of an employee who is a
member of the Guard, Reserve or National Disaster Medical System. The
regulations also provide analysis, guidance and examples for proper application
of USERRA to real-life situations. To download the complete set of regulations,
click here.
For an article that discusses key points from the new rules, along with the
following specific issues, click here.
• The USERRA Burden of Proof
• USERRA and Benefits
• The Defenses
Available to Employers
• Re-employment Under USERRA
For more information about USERRA or other employment law issues, you may
contact attorney Jeffrey W. Peters at jpeters@preti.com or 207.443.5576.