Proposed Rules Issued Interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994

Mary Elizabeth Davis

The United States Department of Labor issued proposed rules interpreting the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) on September 20, 2004. USERRA is the primary federal law that provides employment and benefit protection for employees who are absent from work because of military service. The proposed regulations make clear that all public and private U.S. employers, even employers with only one employee, must comply with USERRA. The proposed regulations also make clear that potential employers are prohibited from denying initial employment to job applicants for permanent or temporary positions based on the exercise of their USERRA rights. As an unprecedented number of Reservists have been called to duty, employers of all sizes will be confronted with USERRA issues in the near future. The full text of the proposed rules can be obtained at the U.S. Department of Labor website. For additional information on this or any employment related matter, please contact the author, Betsy Davis.