January 23, 2006

Federal Law Requires Notice of Job Protection Rights for Military Reservists and Others

Several federal and state laws require employers to provide or post notices of the rights and benefits afforded to employees under such laws. Effective January 18, 2006, employers must provide notice of the rights and benefits afforded to employees and applicants by the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the employer’s obligations under USERRA codified at 38 U.S.C. § 4334. The notice requirement may be satisfied by posting the notice where employers customarily place notices for employees or by handing or mailing out the notice or electronic mail.

USERRA prohibits discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training. According to the U.S. Department of Labor, “[t]he law is intended to encourage non-career uniformed service so that America can enjoy the protection of those services, staffed by qualified people, while maintaining a balance with the needs of private and public employers who also depend on these same individuals. “

The USERRA notice requirement applies to all employers regardless of whether active reservists are currently employed. The notice is attached to this memo, or can be ordered from various companies that produce employment notices. We are available to answer any questions you may have about compliance with USERRA or any other employment matters.
USERRA Poster

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