H.R. 7178 · 110th Congress
Servicemembers Access to Justice Act of 2008
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Never voted on. It didn't reach a floor vote before the 110th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
DavisSponsor2 cosponsors · 2 D
2 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Servicemembers Access to Justice Act of 2008 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
What it does: CRS summary · Introduced in House · Sep 27, 2008
Servicemembers Access to Justice Act of 2008 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator).
Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases.
Requires (current law authorizes) the award of attorney fees in actions to enforce USERRA.
Defines "successor in interest" for USERRA purposes.
Prohibits: (1) any statute of limitations from applying to USERRA proceedings; and (2) wage discrimination against members covered under USERRA.
Requires (current law authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Servicemembers Access to Justice Act of 2008
Latest action (Sep 27, 2008): Referred to the Committee on Veterans' Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Policy area: Armed Forces and National Security · Origin: House · Introduced: Sep 27, 2008
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.