U.S. Department of Labor Makes USERRA Notice Available in Poster Format

On March 10, 2005, U.S. Secretary of Labor Elaine L. Chao announced the availability of a notice (in poster format) explaining the rights of employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA generally provides protection to employees who leave their jobs to serve in the uniformed services of the military. The law is intended to encourage non-career service in the military while at the same time balancing the needs of employers who depend on these individuals.

Employers are required to provide a notice of the rights, benefits and obligations under USERRA to persons entitled to its rights and benefits. Employers may meet this obligation by posting the notice in a prominent place where employees customarily check for such information. Employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail). However, practically speaking, the easiest and safest way to ensure compliance is to post the notice in a prominent place.

The Department's Office of Compliance Assistance has made this notice ("Your Rights under USERRA") available through its interactive web-based tools, the elaws Poster Advisor and elaws USERRA Advisor. The new notice is also available at on the DOL website or by calling 1-866-4-USA-DOL.

Given the increased mobilization of our nation's armed forces, USERRA compliance is becoming an important topic for employers. The Department of Labor has clearly stated that it will pursue aggressive enforcement of the law. "We are committed to ensuring that our brave men and women who are protecting our country's freedoms have the opportunities they deserve when they return to civilian life," said Chao. "We will work tirelessly to continue to keep National Guard and Reserve service members, their families and employers informed about USERRA, the law that protects their jobs and benefits."

If you have any questions or concerns about compliance with the notice requirements for USERRA, please feel free to contact a member of Reinhart's Labor and Employment Department.