S. 3432 · 110th Congress
Servicemembers Access to Justice Act of 2008
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D
CaseySponsor2 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 Senate · Aug 1, 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 (under 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 (under 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 (Aug 1, 2008): Read twice and referred to the Committee on Veterans' Affairs.
Policy area: Armed Forces and National Security · Origin: Senate · Introduced: Aug 1, 2008
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.