Section 1 [State Emergencies; Reemployment Rights of Nonpublic Employees] amends current law that provides certain employment rights to public sector employees who serve on active duty.  Under current law, a private sector employee who engages in active service in the military in a time of emergency is entitled to the same leave and reinstatement rights in their employment as public sector employees, but only if the emergency is declared by the state of Minnesota.  This bill makes these rights available to private sector employees regardless of which state authorizes their active duty.  The change from “the” to “any” on line 1.9 facilitates this change.  All other amended language in this bill clarifies that  “state” in this section means the state of Minnesota.

The A-1 amendment adds several sections:

Section 1[Uniformed Services Employment and Reemployment Rights Act] allows an employee, former employee, or prospective employee of the state to sue the state in federal court if the state violates their rights under the federal Uniformed Services Employment and Reemployment Rights Act (“USERRA”), United States Code, title 38, sections 4301-4333.  The state is waiving its immunity, under the 11^th Amendment to the U.S. Constitution, from suit in federal court.

The federal USERRA law provides reemployment rights for and precludes discrimination against those who perform service in a uniformed service, including the Armed Forces and National Guard. State law has granted similar waivers of the state’s immunity for claims under several federal laws:  the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Family and Medical Leave Act and the Americans with Disabilities Act.

Section 2 [Recruitment] amends Minnesota Statutes, section 43A.09.  Current law provides that “special emphasis” be given to recruiting members of protected groups for jobs in state civil service.  This section adds “veterans” to the recruiting emphasis.

Section 4 [Nondisabled Veteran’s Credit] increases from five point to ten points the credit given to a nondisabled veteran who elects to receive a credit, in a competitive open examination rating, under civil service laws, charter provisions, ordinances, rules or regulations of a county, city, town, school district, or other municipality or political subdivision.

Section 5 [Disabled Veteran’s Credit] increases from ten to 15 points the credit given to a disable veteran who elects to receive a credit, in a competitive open examination rating under civil service laws, charter provisions, ordinances, rules or regulations of a county, city, town, school district, or other municipality.

SJJ/rdr