USERRA Protections Expanded
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APPLIES TO All Employers |
EFFECTIVE January 2, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
Effective January 2, 2025, the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Dole Act) expands protections for veterans through amendments to the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA protects veterans by providing reemployment rights and protection from discrimination and retaliation when their civilian jobs are disrupted by their military obligations. There are several notable expansions to USERRA in the Dole Act.
Broader Retaliation Protection. Employers are now explicitly prohibited from retaliatory actions rather than just prohibited from “discrimination in employment” and “adverse employment actions.” Injured employees no longer must show proof of a material change in employment conditions or significant harm. In addition, the retaliation no longer needs to be employment-related.
Protection for Career Military Members. The amendment resolves the confusion about whether military members who were part of the regular active-duty force or whose service in the Reserves or National Guard components could be considered “career service” and not protected by USERRA. USERRA previously stated its purpose was “to encourage noncareer service in the uniformed services.” The Dole Act removes the word “noncareer” to include all regular military members.
Increased Damages. Liquidated damages are now permitted even when there are no lost wages or benefits recovered. Courts can require an employer to pay the greater of $50,000 or the total sum of lost wages, benefits, and prejudgment interest. The legal standard for liability is now “knowingly” rather than “willful” failure to comply with USERRA.
Injunctive Relief. There is a new right for injunctive relief. An injured employee must show the following for injunctive relief: (1) a violation, or threatened or imminent violation, of USERRA; (2) that harm to the employee outweighs injury to the employer; (3) a likelihood of success on the employee’s USERRA claim against the employer; and (4) that an injunction is in the public interest.
Prejudgment Interest. Courts can require employers to pay 3% interest per year on lost wages or benefits.
Attorney Fees. Employees who win a lawsuit or proceeding brought under USERRA against a private or state or local government employer are now entitled to reasonable attorneys’ fees.
In addition to revising USERRA policies, employers should carefully evaluate any denials of rights and benefits under USERRA due to the steeper penalties.
Action Items
- Read the Act here.
- Review and revise USERRA leave policies.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase