Employers confused over how to comply with the Uniformed Services Em-ployment and Reemployment Rights Act (USERRA) now have new guidelines to follow. For the first time since USERRA's passage in 1994, the Labor Department has proposed regulations defining employer and employee rights and responsibilities.
At its core, USERRA says that if an employee's military-related ab-sence lasts less than five years, you must reinstate the employee to his or her old job or a job with the same pay, perks, seniority and status. All em-ployers, regardless of size, must comply. Labor is accepting comments on the proposed regulations until Dec. 20. Find the regulations and primer on USERRA at www.dol.gov/ vets/programs/userra.
Advice: Now's the time to bone up on USERRA. Labor promises to back up these new regulations "with aggressive outreach and enforcement."
- Personnel records: What to store, when to shred ... and 7 laws you must comply with
- Don't discount cost of harassment lawsuit—Even if you win
- Try out accommodation, rescind it if necessary
- Include an extension clause in your noncompete agreements
- Follow all leads when investigating allegations--even if they take query in new direction