U.S. Code » Title 38 » Part PART III— READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 43— EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES › Subchapter SUBCHAPTER IV— MISCELLANEOUS PROVISIONS

38 U.S.C. § 4334

Notice of rights and duties

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(a)Requirement To Provide Notice.—Each employer shall provide to persons entitled to rights and benefits under this chapter a notice of the rights, benefits, and obligations of such persons and such employers under this chapter. The requirement for the provision of notice under this section may be met by the posting of the notice where employers customarily place notices for employees.(b)Content of Notice.—The Secretary shall provide to employers the text of the notice to be provided under this section.(Added Pub. L. 108–454, title II, § 203(a), Dec. 10, 2004, 118 Stat. 3606.)Editorial NotesPrior Provisions

A prior section 4334 was renumbered section 7634 of this title.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 108–454, title II, § 203(c), Dec. 10, 2004, 118 Stat. 3606, provided that:“(1) Not later than the date that is 90 days after the date of the enactment of this Act [Dec. 10, 2004], the Secretary of Labor shall make available to employers the notice required under section 4334 of title 38, United States Code, as added by subsection (a).“(2) The amendments made by this section [enacting this section] shall apply to employers under chapter 43 of title 38, United States Code, on and after the first date referred to in paragraph (1).”

Notes of Decisions
Cited in 5 cases, 2012–2020 · leading case: Chamber of Com. v. Nat'l Labor Relations Bd., 721 F.3d 152 (4th Cir. 2013).
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Chamber of Com. v. Nat'l Labor Relations Bd., 721 F.3d 152 (4th Cir. 2013). · cites it 2× “3606 (2004) (codified as amended at 38 U.S.C. § 4334 ). The contrast between the roles the NLRA sets forth for the NLRB and those that other federal labor statutes prescribe for those of its sister agencies with notice-posting authority is of particular significance.”
Chamber of Com. of the United States v. Nat'l Labor Relations Bd., 856 F. Supp. 2d 778 (D.S.C. 2012). · cites it 3× “§ 2619 (a) Uniformed Services Employment and Reemployment Rights Act_ 2004 38 U.S.C. § 4334 (a) D. Motions for Summary Judgment On November 9, 2011, the parties filed cross motions for summary judgment.”
Krzyminski v. Spokane Cnty. (E.D. Wash. 2019). “Other provisions 8 38 U.S.C. § 4334 (a) requires: (a) Requirement to provide notice.”
Krzyminski v. Spokane Cnty. (E.D. Wash. 2020). “Moreover, 38 U.S.C. § 4334 (a) states that the employer’s 27 requirement to provide notice of the rights, benefits, and obligations of the 28 USERRA can be met by posting the notice where employers customarily place notices for employees.”
Carrillo v. Dep't of Homeland Sec., 544 F. App'x 995 (Fed. Cir. 2013). “Carrillo relies on 38 U.S.C. § 4334 (a) for this contention and presumably is arguing that DHS should have notified him to file his VEOA claims within the statutory time limit.”
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