§4319 Employment and reemployment rights in foreign countries

Summary

If a U.S. employer controls a company organized in another country, the U.S. employer is assumed to be responsible for any refusal by that foreign company to hire, rehire, or give benefits. The rules here do not apply to a foreign employer that is not controlled by a U.S. employer. Control is decided by looking at how their operations are linked, whether they share managers, who controls labor relations, and whether they have common ownership or financial control. Even so, an employer or a company it controls does not have to follow sections 4311 through 4318 for an employee working in a foreign country if doing so would force them to break that foreign country’s law.