On January 18, 2006, the Department of Labor’s final regulations under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) went into effect, over eleven years after the enactment of USERRA. As a result of the military presence in Iraq and Afghanistan, understanding and compliance with USERRA and state laws affecting military leave are necessities for employers. Indeed, the Department of Labor (“DOL”) estimates that over 525,000 members of the National Guard and military reserves have been mobilized since September 11, 2001, and over 390,000 have been released from active duty. While the DOL has stated that the new regulations do not impose any new obligations on employers, they provide important guidance on a number of issues and transform the DOL’s internal guidance on USERRA issues into binding regulations.
See MB&J’s Client Alert on the new regulations.