20 C.F.R. § 1002.305

What court has jurisdiction in an action against a State or private employer?

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(a) If an action is brought against a State or private employer by the Attorney General, the district courts of the United States have jurisdiction over the action. If the action is brought against a State by the Attorney General, it must be brought in the name of the United States as the plaintiff in the action.

(b) If an action is brought against a State by a person, the action may be brought in a State court of competent jurisdiction according to the laws of the State.

(c) If an action is brought against a private employer or a political subdivision of a State by a person, the district courts of the United States have jurisdiction over the action.

(d) An action brought against a State Adjutant General, as an employer of a civilian National Guard technician, is considered an action against a State for purposes of determining which court has jurisdiction.

Notes of Decisions

Cited in 2 cases, 2014–2016 · leading case: Stoglin v. Merit Sys. Prot. Bd., 640 F. App'x 864 (Fed. Cir. 2016).

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Stoglin v. Merit Sys. Prot. Bd., 640 F. App'x 864 (Fed. Cir. 2016). · cites it 3× “(alteration in original) (quoting 20 C.F.R. § 1002.305 (d)). Thus, the Board concluded that “an action under USERRA against a state ‘may be brought in a State court of competent jurisdiction according to the laws of- the State.”

Asatov v. Merit Sys. Prot. Bd., 595 F. App'x 979 (Fed. Cir. 2014). “” 20 C.F.R. § 1002.305 . The legislative purpose of the National Guard Technicians Act has been reviewed in various contexts.”

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