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Spring 2005-17 U.S. Department of Labor issues interim final rule on USERRA posting requirements

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Number 59
Spring 2005

U.S. Department of Labor issues interim final rule on USERRA posting requirements

The Veterans' Employment and Training Service of the Department of Labor has issued an interim final rule to implement a requirement of the Veterans Benefits Improvement Act of 2004.

The Veterans Benefits Improvement Act of 2004, Public Law 108-454, was signed by the president on December 10, 2004. It mandates that employers provide a notice to "all persons entitled to rights and benefits under the Uniformed Services Employment and Reemployment Rights Act." The text of this notice is included in this interim final rule.

USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service. The law also prohibits employers from discriminating against past and present members of the uniformed services and applicants to the uniformed services.

The Veterans Benefits Improvement Act amended USERRA by requiring the Department of Labor and Veterans Affairs to coordinate information so veterans receive a myriad of apprenticeship and training entitlements, including full apprenticeship credit for any training received while in the military. Also, VBIA adds a requirement that employers provide a notice of the rights, benefits and obligations of employees and employers. Employers may meet this obligation by posting the notice in a prominent place where employees customarily check for such information.

Accordingly, U.S. Secretary of Labor Elaine L. Chao announced that a notice in poster format explaining the rights of employees under USERRA is now available for employers to download from the Department of Labor Web site: http://www.dol.gov/vets/programs/userra/.


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