Must employers post newly issued USERRA notice?


Issue:

Your organization, which has facilities throughout a tri-state area, posts the required notice under the Uniformed Services Employment and Reemployment Rights Act (USERRA) at each of its facilities. Now that a new USERRA poster has been issued, does your organization have to replace its old posters with new version?

Answer:    

No. On October 27, 2008, the U.S. Department of Labor (DOL) issued a new version of the poster used to notify employees of their rights, benefits and obligations under USERRA. The updated poster, Notice of Your Rights Under USERRA, deletes a reference to a former demonstration project and consolidates text formerly found on two separate posters—one for use by private and state employers and another for use by federal agencies. Employers are not required to replace their former posters with the new one, however, as the former posters still comply with the employee notification requirements.

A poster that employers can use to fulfill their notice obligations is posted on the DOL’s website at
http://www.dol.gov/vets/programs/userra/USERRA_Federal.pdf. Using this poster may be the most convenient way for employers to comply, but it is not the only option. Employers are free to provide the notice to employees in other ways that will minimize costs while ensuring that the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).

Source: Appendix to 20 CFR Part 1002.

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