labor lawAdivision of labor law center

The USERRA requires that employers reinstate employees after active military service, even if the employee’s absence has been up to five years. In some cases, as with wounded veterans, employers are required to reinstate employees who have been absent even longer.

That is why it is vital for employers to have a USERRA compliance program in place.

USERRA, the federal Uniformed Services Employment and Reemployment Act applies even to employees who voluntarily resign to enroll in the military. It also applies to emergency workers such as police, firefighters and paramedics, who may be pressed into service or volunteer during times of natural disasters or terrorist attacks.

The USERRA also applies to employees who serve in the National Guard or National Reserve.

Employers are required to notify employees of their rights under USERRA. In most cases, every employer must display a USERRA Poster, even if they currently have no employees who are covered under the law.

The federal regulations require that employers furnish a notice of the complete, accurate rights, benefits and obligations of employees and employers under USERRA.  Employers are encouraged to provide the notice to employees in other ways, in addition to the required poster. However, employers must be careful in selecting USERRA compliance products from a supplier. By law, the products must ensure that the full text of the notice is included.

 The U.S. Department of Labor recently introduced the USERRA Advisor , a useful online tool for employers. The eLaws Advisor helps employers to understand a number of issues surrounding military service, including: (more…)

 Employers are invited to comment on new regulations by the U. S. Department of Labor regarding the employment of veterans by federal contractors.

The federal Veterans Employment and Training Service (VETS) recently announced the publication of a Notice of Proposed Rulemaking on Priority of Service for veterans and eligible spouses. The proposed regulations apply to “any workforce preparation, development or delivery program or service that is directly funded, in whole or in part, by the Department of Labor,” as provided by the Jobs for Veterans Act which was enacted in 2002. (more…)

Employers should be aware of two new required US Department of Labor initiatives to promote the hiring of veterans and protect the rights of applicants with disabilities.

Both initiatives were introduced through the Office of Federal Contract Compliance Programs, or OFCCP. This agency enforces regulations that apply to companies with federal contracts in excess of $50,000.

The Good Faith Initiative for Veterans Employment, also known as G-FIVE will help (more…)

 “This Memorial Day, I want to take the opportunity to highlight the steadfast commitment of the Justice Department’s Civil Rights Division to protecting the rights of America’s service members, who have made invaluable sacrifices for this nation,” says Grace Chung Becker, Acting Assistant Attorney General for Civil Rights at the US Department of Justice or DOJ.

The Civil Rights Division of the DOJ protects the rights of service men and women by vigorously enforcing a number of laws designed to protect them and their families. Those include the Uniformed Services Employment and Reemployment Rights Act of 1994 or USERRA. The right to vote while serving in the armed services is protected by the Uniformed and Overseas Citizen Absentee Voting Act or UOCAVA.  Financial security is protected by the Servicemembers Civil Relief Act of 2003 or SCRA. In addition, the rights of veterans in public institutions are protected by the Civil Rights of Institutionalized Persons Act or CRIPA.

Memorial Day is a great time for every employer to review their company’s compliance with the Uniformed Services Employment and Reemployment Rights Act or USERRA.

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According to the quarterly Labor Advocate Newsletter issued by the U.S. Department of Labor, grants totaling nearly $27 million will benefit more than 16,000 veterans.

Secretary of Labor Elaine L. Chao recently announced 94 grants, totaling nearly $27 million, to provide approximately 17,000 veterans with job training to help them succeed in civilian careers. The grants are being awarded under the U.S. Department of Labor’s Veterans’ Workforce Investment Program (VWIP) and Homeless Veterans Reintegration Program (HVRP).

“These $27 million in grants will help more than 16,000 veterans access the resources they need to find good jobs and build a bright future for themselves and their families,” said Secretary Chao.

The funds are being awarded on a competitive basis to state and local workforce investment boards, local public agencies and nonprofit organizations, including faith-based and community organizations. This system is used for grants because the recipients are familiar with the areas and populations to be served and have demonstrated that they can administer effective programs.

More than $6.7 million will support 12 VWIP grants to help veterans from targeted groups overcome employment barriers and ease their transition into non-subsidized jobs. Through this program, veterans receive skills assessments, individual job counseling, labor market information, classroom or on-the-job training, skills upgrading and retraining, placement assistance and crucial follow-up services.

The Labor Department’s Veterans’ Employment and Training Service (VETS) expects these grants to provide training for more than 3,800 veterans who may also be eligible for services through other Workforce Investment Act programs for economically disadvantaged or dislocated workers.

To assist homeless veterans with reintegration into America’s workforce, the Labor Department is awarding more than $20 million in 82 HVRP grants. These funds are being distributed nationwide through 35 newly competed grants and 47 current grants receiving second- and third-year funding. Homeless veterans may receive occupational, classroom and on-the-job training, as well as job search and placement assistance, including follow-up services.

VETS expects these funds to help more than 12,600 veterans. HVRP is the only Federal program that focuses exclusively on employment of veterans who are homeless.

The HVRP grants include two cooperative agreements that will assist in developing the HVRP National Technical Assistance Center. The Center will: provide technical assistance to current grantees, potential applicants and the public; gather grantee best practices; conduct employment-related research on homeless veterans; conduct regional grantee training sessions and self-employment boot camps; and perform outreach to the employer community to increase job opportunities for veterans.

Grantees under both programs network and coordinate their efforts with various local, state and Federal social service providers.

U.S. Department of Labor grants are given for a variety of purposes. VETS grants benefit veterans.

Disaster grants benefit areas afflicted by floods, wildfires, blizzards, hurricanes, earthquakes and other natural disasters. Other grants include Trade-WIA Dual Enrollment grants and Trade-Health Coverage Infrastructure grants.

Regional Innovation grants are awarded to strategic partnerships between government or non-profit agencies and business. Often, these grants spark local economies by training laid-off workers for well-paying jobs in new industries.

Regular NEG grants may be available when a single or multiple company layoff affects 50 or more workers. NEG grants are also appropriate when layoffs are industry-wide within a region, or when small or rural communities are severely affected by layoffs of fewer than 50 people.

Trade-WIA Dual Enrollment grants are available for single or multiple-company projects that include layoffs of 50 workers or more. These grants are given only in areas where the U.S. Department of Labor determines that workers are affected by federal trade policies.

Trade-Health Coverage Infrastructure grants provide states with funds to help workers eligible for TAA (Trade Adjustment Assistance) or TRA (Trade Realighment Assistance) keep their healthcare insurance.

A number of resources are available to inform the state and local employment agencies of the policies that govern grant awards. Communities are urged to initiate the grant process early, to ensure that funds are available when needed.