Uniformed Services Employment and Reemployment Rights Act (USERRA) Update

This past January, the Dole Act was an amendment added to USERRA. The Dole Act enhances job protections for military members and strengthens USERRA enforcement, ensuring greater safeguards for those who serve. The following outlines six key changes;

• Retaliation Protections Broadened: Employers are barred from taking any form of retaliatory action
• Increased Liquidated Damages: A minimum award of $50,000 has been established
• Broadened Injunctive Relief: USERRA allows individuals suing an employer to seek an early injunction to stop violations before the case is fully resolved
• Prejudgment Interest Rate: A more specific rule for prejudgment interest where courts can require employers to pay 3% interest per year on lost wages or benefits
• Mandatory Attorney Fees Awards: Employees who win a lawsuit or proceeding against a private or state or local government employer are now entitled to reasonable attorney’s fees
• Clarified Protection for Career Military Members: The law now states that one of USERRA’s purposes is “to encourage service in the uniformed services,” confirming that regular military members are fully protected