H.R.7178 - Servicemembers Access to Justice Act of 2008110th Congress (2007-2008)
|Sponsor:||Rep. Davis, Artur [D-AL-7] (Introduced 09/27/2008)|
|Committees:||House - Veterans' Affairs; Judiciary|
|Latest Action:||House - 09/27/2008 Referred to House Judiciary (All Actions)|
This bill has the status Introduced
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Summary: H.R.7178 — 110th Congress (2007-2008)All Information (Except Text)
Introduced in House (09/27/2008)
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.