C.F.R. » Title 20 » CHAPTER IX—OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR › PART 1002—REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994 › Subpart A—Introduction to the Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994

20 C.F.R. § 1002.2

Is USERRA a new law?

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USERRA is the latest in a series of laws protecting veterans' employment and reemployment rights going back to the Selective Training and Service Act of 1940. USERRA's immediate predecessor was commonly referred to as the Veterans' Reemployment Rights Act (VRRA), which was enacted as section 404 of the Vietnam Era Veterans' Readjustment Assistance Act of 1974. In enacting USERRA, Congress emphasized USERRA's continuity with the VRRA and its intention to clarify and strengthen that law. Congress also emphasized that Federal laws protecting veterans' employment and reemployment rights for the past fifty years had been successful and that the large body of case law that had developed under those statutes remained in full force and effect, to the extent it is consistent with USERRA. USERRA authorized the Department of Labor to publish regulations implementing the Act for State, local government, and private employers. USERRA also authorized the Office of Personnel Management to issue regulations implementing the Act for Federal executive agencies (other than some Federal intelligence agencies). USERRA established a separate program for employees of some Federal intelligence agencies.

Notes of Decisions
Cited in 29 cases (6 in the last 5 years), 2006–2024 · leading case: Crews v. City of Mt. Vernon, 567 F.3d 860 (7th Cir. 2009).
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Crews v. City of Mt. Vernon, 567 F.3d 860 (7th Cir. 2009). · cites it 3× “20 C.F.R. § 1002.2 . The purposes of USERRA are: “(1) to encourage noncareer service in the uniformed services .”
Serricchio v. Wachovia Sec. LLC, 658 F.3d 169 (2d Cir. 2011). · cites it 2× “, the same fixed percentage on accounts serviced), without regard to the volume or size of the accounts in the servieemember’s pre-activation book of business, sufficient to satisfy USERRA, as a matter of law? The district court concluded that it was not, and the Secretary of…”
Davin Hackett v. City of South Bend, 956 F.3d 504 (7th Cir. 2020). “2009), citing the Veterans’ Reemployment Rights Act of 1974; see also 20 C.F.R. § 1002.2 (tracing lineage of veterans’ employment protection statutes back to Selective Training and Service Act of 1940).”
Cheryl P. Francis v. Booz, Allen & Hamilton, Inc., Reserve Officers Ass'n, Amicus Supporting, 452 F.3d 299 (4th Cir. 2006). “” 20 C.F.R. § 1002.2 (2006). “The first step in determining the meaning of a statute is to examine the statute’s plain language.”
Dale Huhmann v. Fed. Express Corp., 874 F.3d 1102 (9th Cir. 2017). “See 20 C.F.R. § 1002.2 ; River a-Melendez v. Pfizer Pharm.”
Casey Clarkson v. Alaska Airlines, Inc., 59 F.4th 424 (9th Cir. 2023). “3d at 762 (quoting 20 C.F.R. § 1002.2 ). An understanding of the history of these protective statutes and the corresponding case law is thus critical to our evaluation of this case.”
Vahey v. Gen. Motors Co., 985 F. Supp. 2d 51 (D.D.C. 2013). · cites it 2× “” 20 C.F.R. § 1002.2 . Many courts have noted that USERRA’s protections “should be broadly construed in favor of military service members as its purpose is to protect such members.”
Clark v. Va. Dep't of State Police, 793 S.E.2d 1 (Va. 2016). “Compare 20 C.F.R. § 1002.2 (2016) (describing USERRA as "the latest in a series of laws protecting veterans' employment and reemployment rights going back to the Selective Training and Service Act of 1940" with its "immediate predecessor" being the Veterans' Reemployment Rights…”
Eric Gross v. PPG Indus., Inco, 636 F.3d 884 (7th Cir. 2011). “” 20 C.F.R. § 1002.2 . As relevant here, two related provisions of USERRA govern service members’ employment rights.”
Rivera-Melendez v. Pfizer Pharm., LLC, 730 F.3d 49 (1st Cir. 2013). · cites it 2× “” 20 C.F.R. § 1002.2 . In enacting the statute, Congress made clear that, to the extent consistent with USERRA, “the large body of case law that had developed” under previously enacted federal laws protecting veterans’ employment and reemployment rights “remained in full force…”
Duffer v. United Cont'l Holdings, Inc., 173 F. Supp. 3d 689 (N.D. Ill. 2016). “20 C.F.R. § 1002.2 ; S. Rep. 103-158, at 40 (1993); 70 Fed.”
O'Toole v. Eyelets for Indus., Inc., 86 A.3d 475 (Conn. App. Ct. 2014). · cites it 3× “” 20 C.F.R. § 1002.2 . The act “protects individuals performing, or who performed, uniformed service in accordance with 38 U.”
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