This past January President Biden signed the 21^st Century Veterans Healthcare and Benefits Improvement Act. This new law expands protections under the Uniformed Services Employment and Reemployment Act, more commonly known as USERRA (passed in 1994). USERRA is the basis for many employers’ Military Leave policies. USERRA prohibits employers from discriminating against, harassing (allowing) or retaliating against veterans and service members, and provides reemployment and other rights and benefits to workers that take leave from their civilian jobs to either voluntarily or involuntarily (drafted) take on military obligations.

The 21^st Century Veterans Healthcare and Benefits Improvement Act is more commonly referred to as the Dole Act because it was introduced and supported by Senator Elizabeth Dole. The Dole Act makes six changes to USERRA:

1. Broadens Retaliation Protections – Previously USERRA only prohibited “discrimination in employment” and “adverse employment actions” against persons exercising their USERRA rights. Going forward this law prohibits employers from taking any form or retaliation against anyone using those rights. What is the difference? It is harder to show (prove) discrimination than it is to show a person was retaliated against for going into or fulfilling military service obligations. Further, under the newly amended USERRA the retaliation does not have to be employment related.
2. Damages for Violations Increase – Liquidated damages, those penalties specifically stated in the law and that were from “willful” violation, are expanded to provide employer penalties of $50K or the total sum of lost wages, benefits, and prejudgment interest – whichever is greater.
3. Injunctive Relief by Courts – Persons suing an employer can seek an early injunction to stop USERRA violation while the case still may be pending.
4. Prejudgment Interest Rate Set – Previously USERRA did not specify the interest rate on lost wages or benefits. Courts may now assess a 3% per year interest rate on lost wages or benefits. Remember USERRA covers the employee who may be in military service and off on leave from the employer for years.
5. Attorney Fees – The amendments to USERRA also provide for award of attorney fees. Award of attorney fees are mandatory. Previously the award of attorney fees was optional.
6. Career Military Members Protections – Under a previous interpretation of USERRA it was unclear whether this law applied to career service members or just those members of the military that were “noncareer”. In other words, those going into the military for a “hitch” or in reserve. The amended USERRA law removes the term “noncareer” from the provision of the law that was confusing and ensures that USERRA extends its protections to all service members.

The amended law does not require much in the way of changes to an employer’s current Military Leave handbook policy. It is recommended that the employer handbook includes a Military leave policy to communicate compliance with federal (USERRA) and state law. Many states also protect military service in whatever form it takes. This includes annual reserve training.

Michigan Requires New Veteran’s Poster – As of April 2, 2025, businesses must display a veteran’s resource poster in a place that all employees can access. Similar to other employment postings. Michigan’s Department of Labor and Economic Opportunity (LEO) and the Department of Military and Veteran Affairs and the Michigan Veteran’s Agency put out a new poster that provides veterans with a list of available resources such as mental health and substance abuse services, education and job training resources, tax benefits, and other services available to veterans.

To get a free copy of the poster to go to LEO’s website. There are two versions of the poster available:

Blue Version

White Version

Source: LEXOLOGY. Littler Mendelson PC. USERRA Protections Broadened by Dole Act. (3/24/2025)