Eaton Peabody
News >> Law Updates & Archives >>
<< Back to News
New USERRA Notice/Poster Requirement - March 11, 2005
On March 11, 2005, U.S. Secretary of Labor Elaine L. Chao announced that a new notice explaining the rights of employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA) was available. The notice is available in poster format at www.dol.gov/vets/programs/userra/poster.pdf.
The notice may also be provided to employees in other ways such as handing it out, mailing the notice, or distributing the notice by email. Reading between the lines of the press release, it appears that the DOL prefers that employers meet their notice obligation by “posting the notice in a prominent place where employees customarily check for such information.”
Why a new poster? USERRA was amended on December 10, 2004. It now requires that “Each employer shall provide to persons entitled to rights and benefits under [USERRA] a notice of the rights, benefits, and obligations of such persons and such employers under [USERRA].” This will be codified as 38 U.S.C. § 4334. The interim final rule notes that over 460,000 members of the National Guard and Reserve have been mobilized since the attacks of September 11, 2001. It is further stated that “as service members conclude their tours of duty and return to civilian employment, it is important that employees be fully informed of their USERRA rights, benefits, and obligations.”
While employers are only technically required to provide this notice to “persons entitled to rights and benefits under [USERRA],” the poster route appears to be the easiest and most manageable way for employers to comply. Please note that under USERRA, all employers are covered by this law; there is no small employer exemption.
Employers can obtain more information about USERRA by calling 1-866-4-USA-DOL, by visiting www.dol.gov/vets/programs/userra/ or by contacting Clare Payne by phone at 207-992-4842.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
On March 11, 2005, U.S. Secretary of Labor Elaine L. Chao announced that a new notice explaining the rights of employees under the Uniformed Services Employment and Reemployment Rights Act (USERRA) was available. The notice is available in poster format at www.dol.gov/vets/programs/userra/poster.pdf.
The notice may also be provided to employees in other ways such as handing it out, mailing the notice, or distributing the notice by email. Reading between the lines of the press release, it appears that the DOL prefers that employers meet their notice obligation by “posting the notice in a prominent place where employees customarily check for such information.”
Why a new poster? USERRA was amended on December 10, 2004. It now requires that “Each employer shall provide to persons entitled to rights and benefits under [USERRA] a notice of the rights, benefits, and obligations of such persons and such employers under [USERRA].” This will be codified as 38 U.S.C. § 4334. The interim final rule notes that over 460,000 members of the National Guard and Reserve have been mobilized since the attacks of September 11, 2001. It is further stated that “as service members conclude their tours of duty and return to civilian employment, it is important that employees be fully informed of their USERRA rights, benefits, and obligations.”
While employers are only technically required to provide this notice to “persons entitled to rights and benefits under [USERRA],” the poster route appears to be the easiest and most manageable way for employers to comply. Please note that under USERRA, all employers are covered by this law; there is no small employer exemption.
Employers can obtain more information about USERRA by calling 1-866-4-USA-DOL, by visiting www.dol.gov/vets/programs/userra/ or by contacting Clare Payne by phone at 207-992-4842.
This paper is provided as general information, and is not a substitute for legal or other professional advice.
<< Back to News