Q. Our company has employees stationed outside the United States. A situation recently occurred that raised the question: Do U.S. employment laws apply to employees of American companies working outside the United States?
A. As a general rule, U.S. statutes do not apply to foreign workplaces unless the statute clearly and specifically says so.
The only U.S. employment statutes that specifically state they will cover American employees working overseas for U.S. employers are Title VII of the Civil Rights Act, the ADA and the Age Discrimination in Employment Act. Because Title VII also applies to some aspects of pension plans, certain portions of the Employee Retirement Income Security Act also apply abroad.
Other labor and employment laws, such as the Fair Labor Standards Act, the Equal Pay Act, the, the Occupational Safety and Health Act, the National Labor Relations Act, the Worker Adjustment and Retraining Notification Act and Executive Order 11246, do not apply overseas.
Note: The issue of whether foreign employers are covered in the United States is unsettled.
- Supreme Court sets stricter standard for retaliation
- Review all options for disabled worker seeking accommodation
- Does the ADA allow us to look into dangers posed by employee's recurring medical crises?
- Federal employment bias claims may be subject to grievance arbitration
- Consider ADA, discrimination, validity issues when using personality tests