DOL Issues First Proposed Regulations Interpreting USERRA

On September 20, 2004, the U.S. Department of Labor (DOL) published the first proposed regulations interpreting the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq. (USERRA), beginning a 60-day period for public comment. USERRA, enacted in 1994, provides certain employment rights for individuals who serve in the military , including non-discrimination, reemployment and benefits. Compliance with USERRA and state laws affecting military leave has become an increasingly important issue for employers as a growing number of employees have left employment for periods of military service following September 11, 2001, and as a result of the ongoing military operations in Afghanistan and Iraq. Since September 11, 2001, more than 420,000 military personnel have been mobilized.

This LawFlash details some of the key issues addressed in the proposed regulations, as well as the steps employers should take to understand and respond to the proposed regulations.

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