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 F—Compliance Assistance, Enforcement and Remedies

20 C.F.R. § 1002.290

Does VETS have the authority to order compliance with USERRA?

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No. If VETS determines as a result of an investigation that the complaint is meritorious, VETS attempts to resolve the complaint by making reasonable efforts to ensure that any persons or entities named in the complaint comply with the Act.

If VETS' efforts do not resolve the complaint, VETS notifies the person who submitted the complaint of:

(a) The results of the investigation; and,

(b) The person's right to proceed under the enforcement of rights provisions in 38 U.S.C. 4323 (against a State or private employer), or 38 U.S.C. 4324 (against a Federal executive agency or the Office of Personnel Management (OPM)).

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2015–2023 · leading case: Andrew Kelly v. Omaha Pub. Power Dist., 75 F.4th 877 (8th Cir. 2023).
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Andrew Kelly v. Omaha Pub. Power Dist., 75 F.4th 877 (8th Cir. 2023). “Following an investigation, VETS notified OPPD in September 2011 that it had determined that Kelly’s “rights under USERRA were violated” when the company denied him EEP benefits and thus “forced” him to use his G.I. Bill benefits to cover his tuition costs.”
Kelly v. Omaha Pub. Power Dist. (D. Neb. 2022). “See 20 C.F.R. § 1002.290 . The Department of Labor’s conclusion does not even bind the parties, as a complainant is free to sue an employer regardless of the investigator’s findings.”
Clarkson v. Alaska Airlines Inc (E.D. Wash. 2021). “20 C.F.R. § 1002.290 . Rather, if 11 a complainant’s dispute with his or her employer cannot be resolved by the DOL 12 after it concludes its investigation, the complainant may then initiate his or her own 13 civil action in district court.”
Jeffrey S. Ostwald v. Dep't of Vets. Affairs (MSPB 2015). “See 20 C.F.R. § 1002.290 (reflecting that DOL lacks authority to order agency compliance with USERRA).”
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