As both a lawyer and a military veteran who’s been deployed repeatedly, I understand firsthand some of the sacrifices made by our nation’s service members. Whether you’re serving on active duty, in the reserves, or transitioning back to civilian life, your rights as an employee deserve robust protection. That’s where the Uniformed Services Employment and Reemployment Rights Act (USERRA) comes in. Recently, Congress enacted significant updates to USERRA as part of the “Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act” (S. 141, 118th Congress).  These changes, signed into law in January of 2025, are designed to enhance the rights of service members and provide greater remedies for violations. Here’s what you, as a fellow soldier, need to know—and why these updates are a big deal.

Why USERRA Matters

USERRA’s mission is clear: to protect the civilian employment of those who voluntarily or involuntarily leave their jobs to serve in the military. This federal law ensures you can return to your job with the same seniority, status, and pay, while also safeguarding you against employer discrimination or retaliation related to your service.

The latest amendments to USERRA expand these protections and strengthen the tools available to enforce them. If you’re a service member, these updates could directly impact your rights and remedies under the law.

What Changed?

  1. Encouragement of All Military Service

Previously, USERRA stated its purpose as encouraging “noncareer” service in the uniformed services. However, with the recent amendment to 38 U.S.C. § 4301(a)(1), the phrase “noncareer service” has been replaced with “service.” This may seem like a small change in language, but it has profound implications. By broadening the scope, Congress has reinforced its support for all forms of military service—whether active duty, reserves, or National Guard—and underscored the importance of protecting those who answer the call to serve.

  1. Prohibition Against Retaliation—Beyond the Workplace

One of the most critical updates to USERRA is the expanded prohibition against retaliation. While the law has long protected service members from employer discrimination, 38 U.S.C. § 4311(b) now explicitly includes protections against “other retaliatory actions.”

This means that even if retaliation does not directly involve employment decisions, such as firing or demoting, it is now actionable under USERRA. For example, if an employer harasses or intimidates a service member for asserting their USERRA rights, that conduct is now explicitly prohibited. This change reinforces the law’s commitment to creating a safe environment for service members to advocate for their rights.

  1. Stronger Injunctive Relief

Amendments to 38 U.S.C. § 4323(e) have expanded the availability of injunctive relief in cases of USERRA violations. Injunctive relief is a court order that requires an employer to take or refrain from specific actions — for example, reinstating a service member’s job or halting unlawful practices.

Under the new provisions, service members who demonstrate the following are entitled to injunctive relief:

  • A violation or imminent threat of a USERRA violation.
  • That the harm caused by the violation outweighs any potential harm to the employer.
  • A likelihood of success on the merits of the case.
  • That granting relief serves the public interest.

Additionally, courts can no longer deny injunctive relief solely because a service member may recover wages or other damages later in the case. This is a game-changer for service members seeking immediate remedies, particularly in cases of wrongful termination or refusal to reemploy.

  1. Mandatory Attorney Fees for Prevailing Claimants

Legal battles can be intimidating and costly, even when the law is on your side. That’s why the changes to 38 U.S.C. §§ 4323(h) and 4324(c) are so important. The new amendments require courts to award reasonable attorney fees, expert witness fees, and other litigation costs to service members who prevail in their USERRA claims.

This shift from discretionary to mandatory fee awards is designed to level the playing field. By removing financial barriers, Congress has made it easier for service members to hold employers accountable. Additionally, administrative bodies like the Merit Systems Protection Board (MSPB) must now follow the same rules, ensuring consistency across all venues.

  1. Adjustments to Liquidated Damages and Lower Scienter Standard

One of the most impactful changes comes in the form of adjustments to liquidated damages and the standard for employer violations. Previously, employers had to be found to have “willfully” violated USERRA to face liquidated damages. Now, under the updated provisions, a “knowing” failure to comply is sufficient (38 U.S.C. § 4323(d)).

What this means for service members: A “knowing” violation occurs when an employer is aware of USERRA’s requirements but fails to comply. This lower scienter standard makes it easier for service members to prove their case.

Additionally, courts are now empowered to award the greater of $50,000 or the amount of lost wages or benefits, plus interest for a knowing violation. This adjustment ensures that even in cases of modest financial losses, service members receive meaningful remedies and employers are held accountable.

Why These Changes Matter to You

These updates to USERRA reflect a clear message: our nation values its service members, not just on the battlefield but also in the workplace. Whether you’re deploying overseas, attending required training, or transitioning back into civilian employment, these changes give you stronger tools to protect your rights.

For example, consider this scenario: a National Guard member returns from a year-long deployment and requests their previous job back. The employer, while not outright refusing, starts assigning them to less desirable shifts and excluding them from key meetings. Under the old version of USERRA, the service member’s options might have been limited. But now, with expanded protections against retaliation and mandatory attorney fees, and higher liquidated damages provision, this individual has a more robust legal framework to address the issue.

How We Can Help

As both a lawyer and a veteran, I’m uniquely positioned to understand the challenges service members face in enforcing their employment rights. At Mastando & Artrip, we’re committed to ensuring that no service member’s sacrifices go unprotected.

If you believe your USERRA rights have been violated, it’s crucial to act quickly. Documentation and timing are key in building a strong case. Here are a few steps you can take:

  1. Document Everything: Keep a detailed record of communications, employment actions, and any retaliatory behavior.
  2. Know Your Deadlines: While USERRA has no specific statute of limitations, acting promptly strengthens your case.
  3. Seek Legal Counsel: An experienced attorney can help you navigate the complexities of USERRA and advocate on your behalf.

Final Thoughts

Our service members deserve more than gratitude—they deserve actionable protections that honor their sacrifices. These recent changes to USERRA are a step in the right direction, reinforcing the promise that no one should have to choose between serving their country and safeguarding their career.

If you have questions about your rights under USERRA or need assistance with a potential claim, contact our team at Mastando & Artrip, LLC. Let’s work together to ensure your rights are protected—both in uniform and beyond.

CategoryNews, USERRA Rights

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