20 C.F.R. § 1002.310
How are fees and court costs charged or taxed in an action under USERRA?
No fees or court costs may be charged or taxed against an individual if he or she is claiming rights under the Act. If the individual obtains private counsel for any action or proceeding to enforce a provision of the Act, and prevails, the court may award reasonable attorney fees, expert witness fees, and other litigation expenses.
Notes of Decisions
Cited in 5
cases (3 in the last 5 years), 2017–2025 · leading case: Mace v. Willis, 259 F. Supp. 3d 1007 (D.S.D. 2017).
Mace v. Willis, 259 F. Supp. 3d 1007 (D.S.D. 2017). “§ 4323 (h); 20 C.F.R. § 1002.310 . The Secretary of the Department of Labor is empowered to promulgate regulations implementing USERRA.”
Jones III v. Becerra (D.N.M. 2023). “Motion at 1-2 (referring to 20 C.F.R. § 1002.310 )(emphasis in original).”
Mace v. Willis (D.S.D. 2018). “§ 4323 (h); 20 C.F.R. § 1002.310 . Furthermore, the court notes that one key issue raised by Kickbox on appeal—whether a military employee who had no guaranteed hours in her civilian job was required to be reemployed under USERRA—was 4 Kickbox suggested an appropriate fee would…”
Tehandon v. Penske Truck Leasing Co., LP (E.D. Mo. 2025). “§ 4323 (h) and 20 C.F.R. 1002.310, provisions governing fee and cost provisions in USERRA actions.”
Martin Akerman v. MSPB (D.C. Cir. 2025). “§ 4311 (b) and 20 C.F.R. § 1002.310 , he has not demonstrated that this case is subject to that provision.”
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