Servicemembers Access to Justice Act of 2008

Summary

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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 1 August 2008

   Introduced

   Read twice and referred to the Committee on Veterans' Affairs.

   Source: IntroReferral

2. 1 August 2008

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 1 August 2008 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 1 August 2008

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 1 August 2008

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 1 August 2008

  Open at official source

Sponsors

• Sen. Casey, Robert P., Jr. [D-PA] · D · Sponsor
• Sen. Kennedy, Edward M. [D-MA] · D · Sponsor
• Sen. Obama, Barack [D-IL] · D · Sponsor
• · ssva00 · Standing

Related records

• related to → Servicemembers Access to Justice Act of 2008