---
kind: "section"
citation: "20 C.F.R. § 1002.308"
title: "20"
number: "1002.308"
heading: "Who has legal standing to bring an action under USERRA?"
url: "https://uscodex.org/cfr/20/1002.308"
---

# §1002.308. Who has legal standing to bring an action under USERRA?


An action may be brought only by the United States or by the person, or representative of a person, claiming rights or benefits under the Act. An employer, prospective employer or other similar entity may not bring an action under the Act.


## Notes

### Authority

Authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150).

### Source

Source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.