Notice Requirements for Employers under USERRA

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides certain employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard, and prohibits employers from discriminating against past and present members of the uniformed services.  Federal law requires employers to notify employees of their rights under the USERRA.

The Veterans Benefits Improvement Act of 2004 (VBIA) added the new notice responsibility that requires employers to provide notice of USERRA rights to persons entitled to such rights and benefits.  The text of the required notice under the VBIA and further information can be obtained from the U.S. Department of Labor’s web site at http://www.dol.gov/vets/.

The simplest way for employers to satisfy the notice requirements of the VBIA is to post the DOL published poster where other employee notices (such as minimum wage, OSHA, etc.) are customarily posted.  However, the statute does allow employers to provide the required notice to employees in other ways that may minimize costs, but still ensure that the full text of the notice is provided.  The notice requirements of the VBIA became effective March 10, 2005; thus, employers who have not already done so should immediately make plans for implementation of steps to satisfy the notice requirement.

Below is the link to the USERRA poster, which may be displayed to meet the notice requirements.

http://www.dol.gov/vets/programs/userra/USERRA_Private.pdf

Any questions regarding USERRA, or any other human resources topic, you can contact David L. Hansen, SPHR, CCP at (515) 221-1718 or hansend@hr-onesource.com.