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Protecting California’s Troops and Their Jobs
Mike Davis
Member
California State Assembly
Current California law only allows district attorneys to act on behalf of service members who are seeking redress from employers not complying with The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 provisions. Elements of USERRA are contained in California law and act as further employment protection for service members serving in the United States uniformed services. Supporting our military in this way is a small price for us to pay for the work these men and woman have done to protect our freedoms and our country.
My bill, AB 2449, updates and amends the law to allow any city prosecutor to act on behalf of California National Guard and Reserve members. The intention is to allow for greater and quicker access for service members and allow them to process their grievances in a timelier manner.
Recently in San Diego a military member who was a reservist was not afforded his re-employment rights under the federal USERRA Act. Current state law allows the county District Attorney to take action against the employer of an active military member. However, the District Attorney was backlogged and not able to take up the case. The reservist went to his City Prosecutor and asked for help whereupon he found out that state law authorizes only the County District Attorney to take these actions and not the City Prosecutor. There are usually three to four cases per year in most counties.
There was also a report from Washington, DC stating that there was another case in June 2000 where an Air National Guardsman from Alaska, who lost his federal job while on active military duty, waited more than seven years to get relief under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Only months after the Government agency where his case had languished for seven years referred it to the U.S. Office of Special Counsel (OSC), a settlement was reached in March of 2008 providing him with full back pay and restored benefits. Personally, I feel that cases of this nature should never happen with our men and women who strive to protect this nation.
The California State Commanders Veterans Council (CSCVC), based on their collective experience spanning five major wars, know that due to the current conflict, instances similar to the reservists in San Diego are bound to occasionally become an issue. A reservist or Guardsman losing his or her job or losing pay or benefits can face devastating harm to his or her family. Health care coverage can be dropped, homes can be lost, and families can be displaced.
AB 2449 (Davis) is sponsored by the California State Commanders Veterans Council and has great support from the City Attorney’s of Los Angeles, San Diego, Redondo Beach, Torrance, Pasadena, the Sacramento City Council, the Vietnam Veterans of America, the Armed Forces Retirees Association of CA, the Air Force Sergeants Association, Military Order of the Purple Heart, Jewish War Veterans of the USA, Marine Corps League, and the Legion of Valor.
AB 2449 successfully passed out of all committees in the Assembly and the Senate as well as the Senate floor and Assembly floor without a single “no” vote. I represent the 48th district in Los Angeles and I am very adamant about supporting our nation’s military men and women who not only have volunteered to serve their country, but also protect this state in times of flood, fire and other natural disasters.
Assemblymember Mike Davis was elected to serve the 48th District in November of 2006. Located in Los Angeles County, the district is home to a myriad of diverse communities including: Arlington Park, Athens, Chesterfield Square, King Estates, Korea Town, Lafayette Park, Magnolia Square, North University Park, University Park, Vermont Knolls, West Adams, West Park Terrace and Wilshire Center.
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