Stronger Job Protection and Higher Penalties for Employers Violating Servicemember Rights.
This Act significantly strengthens the reemployment rights (USERRA) of service members returning to civilian jobs. it introduces mandatory liquidated damages of at least $50,000 for employers who knowingly violate these protections and guarantees the recovery of attorney fees for service members who win their cases. These changes make it easier and less financially risky for service members to enforce their rights against non-compliant employers.
Key points
Increased Employer Penalties: Employers who knowingly violate reemployment rights face mandatory liquidated damages of $50,000 or more, plus interest on lost wages.
Guaranteed Legal Fee Recovery: Courts shall award reasonable attorney fees and litigation expenses to service members who prevail in reemployment actions.
Easier Injunctive Relief: Service members can more easily obtain immediate court orders (injunctions) to stop threatened violations or retaliation during a dispute.
Explicit Ban on Retaliation: The law explicitly prohibits "other retaliatory action," broadening protection beyond just adverse employment decisions.
Expired
Additional Information
Print number: 118_HR_3943
Sponsor: Rep. Franklin, C. Scott [R-FL-18]
Process start date: 2023-06-09