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Summary of differences between federal and state regulations
The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.
An employer may not terminate the employment of a member of the Nevada National Guard because the member is ordered to active service or duty.
No person, firm, association, corporation or state or local governmental entity may discriminate against any member of the Nevada National Guard because of his membership therein.
State
Contacts
None.
Regulations
Nevada Revised Statutes §412.139, Unlawful termination of employment of member of National Guard because of active service or duty; penalty.
Nevada Revised Statutes §412.606, Discrimination against member of National Guard; penalty.
Federal
Contacts
DOL’s Veterans’ Employment and Training Service (VETS)
Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770
Website: www.dol.gov/vets/
Regulations
5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury
20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994