Louisiana Revised Statutes 29:422 – A.(1) The provisions of the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) (SCRA) and the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.)
Terms Used In Louisiana Revised Statutes 29:422
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Employment: means a position as an employee with any private or public employer. See Louisiana Revised Statutes 29:403
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Service in the uniformed services: means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time national guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty. See Louisiana Revised Statutes 29:403
- Uniformed services: means the armed forces of the United States as defined by 10 U. See Louisiana Revised Statutes 29:403
- Venue: The geographical location in which a case is tried.
A.(1) The provisions of the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.) (SCRA) and the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. § 4301 et seq.) (USERRA) are adopted and made a part of this Part, and all of the benefits, protections, and rights provided in SCRA and USERRA shall be applicable to all persons called to service in the uniformed services as defined in La. Rev. Stat. 29:403 and shall be enforceable pursuant to the provisions of this Section.
(2) The Louisiana Workforce Commission shall make available the following notice that every employer shall post in a conspicuous place in each employment establishment:
“If you are in the national guard, military reserves, or active in the military, you have certain protected employment and reemployment rights, freedom from discrimination rights, and civil relief rights under federal law 38 U.S.C. § 4301 et seq. (USERRA) and 50 U.S.C. § 3901 et seq. (SCRA) and state law La. Rev. Stat. 29:401 et seq. (MSRA). If you feel that you have been discriminated against or denied such rights on account of your service in the uniformed services, contact the Employer Support of the Guard and Reserve Committee at 1-800-336-4590.”
B. The district courts of this state shall have jurisdiction over proceedings involving the Servicemembers Civil Relief Act, and the Uniformed Services Employment and Reemployment Rights Act, which shall be governed by the rules applicable to ordinary proceedings.
C. The district and appellate courts shall give preference in scheduling such proceedings, upon the motion of any person in the uniformed services, or the person’s attorney, who presents certification that the person has performed service in the uniformed services or is in service in the uniformed services.
D. Suits to enforce the provisions of this Part may be instituted in any court of competent jurisdiction and appropriate venue by the attorney general of Louisiana.
Acts 1991, 1st E.S., No. 6, §1, eff. April 17, 1991; Acts 1995, No. 716, §1, eff. June 21, 1995; Acts 2002, 1st Ex. Sess., No. 57, §1, eff. April 18, 2002; Acts 2006, No. 603, §1; Acts 2008, No. 743, §7, eff. July 1, 2008; Acts 2018, No. 647, §1.
NOTE: Section 2 of Acts 2002, 1st Ex. Sess., No. 57, provides that the Act shall have both retroactive and prospective application and shall also specifically be applicable to all persons called to service in the uniformed services as of September 11, 2001, and as now defined in La. Rev. Stat. 29:403.