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USERRA Regulations Finalized & New USERRA Posting Published January 2006

Labor & Employment Client Alert
January, 2006

USERRA Regulations Finalized & New USERRA Posting Published

The United States Department of Labor (the “DOL”) recently published final regulations regarding the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the federal statute pertaining to military leave. These final regulations become effective January 18, 2006.

As explained in our March, 2005 Newsletter, the DOL first published interim USERRA regulations in March of 2005. These interim regulations provided guidance regarding USERRA and included a requirement that all employers provide to persons entitled to rights and benefits under USERRA a notice of the rights, benefits, and obligations of such persons and such employers. At that time, the DOL published a model notice (i.e., a workplace posting) that met the requirements of the regulations.

In March of 2005, per the normal requirements for finalizing federal regulations, the DOL requested comments from the public regarding the interim regulations and the model notice. In December of 2005, the DOL closed the period of time for accepting comments and issued final regulations which incorporated some of the changes requested by the public. Thus, it is important that employers ensure that they refer to and rely upon the December, 2005 version of the USERRA regulations. Copies of the final USERRA regulations can be downloaded from the DOL’s website at www.dol.gov/vets.

Importantly, the DOL also issued a revised model USERRA workplace posting which incorporates some minor changes required by the final USERRA regulations. This new USERRA posting is different than the posting published by the DOL in March of 2005. Thus, all private employers should now post the USERRA posting with a publication date of December of 2005, which can be downloaded from the DOL’s website at www.dol.gov/vets.

Please feel free to contact us if you have any questions or would like advice regarding any labor or employment matter.