Department of Labor Issues USERRA Regulations

Department of Labor Issues USERRA Regulations

The U.S. Department of Labor has recently issued final regulations regarding the Uniformed Services Employment and Reemployment Act of 1994, offering definitive guidance on applications of the act without adding to or modifying the original act. The new regulations will take effect on January 18, 2006 and dictate how returning service members are to be treated upon their return.

Generally, those service members returning from duty must be placed within 2 weeks of applying for re-employment and must be granted the seniority, status and pay increases that would have accrued had they been continuously employed. Such requirements do not apply to workers who were employed for only a brief time and with no expectation of indefinitely continuing employment.

Staffing firms will have some responsibilities under the regulations as well, with temporary employees likely entitled to re-employment when their previous assignments were expected to be continuous and for an indefinite time period.