What happened?

On January 2, 2025, the 21st Century Veterans Healthcare and Benefits Improvement Act (DOLE Act) was signed into law by President Biden. This legislation significantly expands employment protections for veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Overview:

• Strengthened Anti-Retaliation Protections: Employers are prohibited from any form of retaliation against service members, not just employment-related actions.
  
  • Now includes reputational harm, legal harassment, or other retaliatory actions outside the traditional employment context.

• Expanded Remedies: The Act increases available remedies for USERRA (Uniformed Services Employment and Reemployment Rights Act) violations, including:
  
  • Easier Access to Injunctive Relief: Courts can now issue preliminary injunctions more readily in USERRA cases (employers might be ordered to reinstate employees or halt certain actions even before a trial concludes).
    
  • Increased Financial Liability: Employers can now face liquidated damages even if no lost wages or benefits are awarded.
    
    • Minimum damage award of $50,000 (even if the employee has not suffered lost wages or benefits), or more if actual losses exceed that.
    • Mandatory attorney’s fees.
    • Prejudgment interest rate on awards
      
  • Greater Legal Exposure: The changes limit some of the defenses employers previously used in litigation.
    
    • This increases the risk of lawsuits and the potential cost of non-compliance.

• Clarification of Military Service: The term “noncareer” is removed, ensuring all regular military members are covered under USERRA.
  
  • All uniformed service members (part-time, full-time, or career reservists) are now explicitly protected.

In essence, the Dole Act increases the potential liability for employers who violate USERRA, strengthens protections for service members, and encourages compliance with the law. Employers should review their policies and practices to ensure they are in line with the Dole Act’s amendments.

Source References

• The DOLE Act – (Dole 21st Century Veterans Healthcare and Benefits Improvement Act)

Resources

• DOL USERRA Notice Form
• DOL USERRA – Uniformed Services Employment and Reemployment Rights Act

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