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Title 38 — Veterans' BenefitsRelease 119-73not60

§4319 Employment and Reemployment Rights in Foreign Countries

Title 38 › Part III— READJUSTMENT AND RELATED BENEFITS › Chapter 43— EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES › Subchapter II— EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS › § 4319

Last updated Apr 5, 2026|Official source

Summary

If an employer controls a company set up in another country, the employer is assumed to be responsible when that company denies someone a job, rehire, or benefits. The rule does not apply to a foreign employer that is not controlled by a U.S. employer. Whether one employer controls another is decided by how linked their operations are, if they share managers, if labor relations are centrally controlled, and if they have common ownership or financial control. If following sections 4311 through 4318 would force the employer or its controlled company to break the foreign country’s laws, they are excused from those sections.

Full Legal Text

Title 38, §4319

Veterans' Benefits — Source: USLM XML via OLRC

(a)If an employer controls an entity that is incorporated or otherwise organized in a foreign country, any denial of employment, reemployment, or benefit by such entity shall be presumed to be by such employer.
(b)This subchapter does not apply to foreign operations of an employer that is a foreign person not controlled by an United States employer.
(c)For the purpose of this section, the determination of whether an employer controls an entity shall be based upon the interrelations of operations, common management, centralized control of labor relations, and common ownership or financial control of the employer and the entity.
(d)Notwithstanding any other provision of this subchapter, an employer, or an entity controlled by an employer, shall be exempt from compliance with any of sections 4311 through 4318 of this title with respect to an employee in a workplace in a foreign country, if compliance with that section would cause such employer, or such entity controlled by an employer, to violate the law of the foreign country in which the workplace is located.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only with respect to causes of action arising after Nov. 11, 1998, see section 212(c) of Pub. L. 105–368, set out as an

Effective Date

of 1998 Amendment note under section 4303 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 4319

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60