How Does USERRA Affect State, Local and Other Federal Laws?
USERRA does not pre-empt state laws providing greater or additional rights, but it does pre-empt state laws providing lesser rights or imposing additional eligibility criteria. For example, Illinois law provides employees with 90 days to return to work, regardless of the length of their leave. What are the Penalties for Non-Compliance? A court may order an employer to compensate a claimant for lost wages or benefits. USERRA also provides for additional damages for “willful” violations.
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