Download or read book Extraterritorial Employment Standards of the United States written by James M. Zimmerman and published by Praeger. This book was released on 1992-03-23 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprises a review of federal laws where the application to the overseas workplace has been specifically raised by Congress, the Courts or the executive branch. Examines enforcement of internationally recognized workers' rights and the application of employment standards to citizens employed abroad.
Download or read book Extraterritorial Application of United States Employment Discrimination Laws written by New York State Bar Association. Commercial & Federal Litigation Section and published by . This book was released on 1991 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Extraterritorial Effect of U S Anti Discrimination in Employment Law written by Wendy Nicole Duong and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The weak enforcement of the ILO makes its body of international labor law merely an inspiration. Thus labor protection largely remains border- and culture-bound, unless stipulated by treaty. For example, an alleged sexual harasser under American law is subject to Title VII civil liability, whereas in France, such harasser can be jailed, if found guilty. In 1991, the U.S. Supreme Court held, in EEOC v. Arabian American Oil Co., 499 U.S. 244 (1991), that Title VII did not apply outside the territory of the U.S. (“Aramco”). In response, Congress amended Title VII to change the Aramco holding. Title VII now applies extraterritorially to protect U.S. citizens employed by American employers abroad. 42 USC 2000e(f). Title VII has such extraterritorial effect only when both the employer and the employee have U.S. nationality or citizenship. Shekoyan v. Sibley Int'l Corp., 217 F. Supp. 2d 59 (D. D.C. 2002). Under international law, this “citizenship” nexus adequately supports the U.S.'s prescriptive jurisdiction, and supplies the doctrinal basis to justify the exterritorial effect of U.S. anti-discrimination law. Title VII has been extended to a foreign employer outside the territorial jurisdiction of the U.S., if that employer is “controlled” by an American entity. “Control” is determined via a factual “integrated enterprise” analysis. Kang v. U. Lim America, Inc., 296 F.3d 810 (9th Cir. 2002). To accommodate the “conflict-of-law analysis,” courts and the EEOC have approved a “foreign law” exception to Title VII liability, which can fit under the “bonda fide occupational qualification” (BFOQ) paradigm of Title VII jurisprudence. In these scenarios, the foreign employer is deemed an American employer by virtue of “control,” as both employers/entities are considered part of the same “integrated enterprise” bearing U.S. nationality or citizenship. A typical “integrated enterprise” may occur in a U.S. parent-foreign subsidiary relationship. As a result of this extension, now the action of a non-U.S. employer can be subject to Title VII, but non-U.S. employees are not protected by Title VII. This creates an anomaly: a U.S. citizen working overseas for a foreign company is protected under Title VII, if the foreign company is controlled by a U.S. entity, but his or her non-U.S. co-worker sitting in the adjoining cubicle, working for the same company, is not so protected. Yet, the statutory language and legislative intent of Title VII's Aramco amendment are clear - the citizenship nexus must be satisfied both in the employer as well as the employee for Title VII to apply to the employment relationship.
Download or read book International Employment Law The Multinational Employer and the Global Workforce written by Christian Campbell and published by BRILL. This book was released on 2021-10-25 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful survey of the legal issues, both national and international, that affect the cross-border employment relationship today. Essays by practitioners from North America and Europe offer prudent procedures-and warn of pitfalls-in such areas as hiring and firing, expatriate employment issues, the extraterritorial effect of domestic employment laws, corporate codes of conduct, employee benefits in the multinational corporation, and employment issues in international business transactions and trade agreements. Published under the Transnational Publishers imprint.
Download or read book Labour and Employment Compliance in the United States written by Andrew J. Boling and published by Kluwer Law International B.V.. This book was released on 2018-09-24 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed attention to compliance with labour and employment laws is crucial for success in setting up business in a foreign country. This book – one of a series derived from Kluwer's matchless publication International Labour and Employment Compliance Handbook – focuses on the relevant laws and regulations in the United States. It is thoroughly practical in orientation. Employers and their counsel can be assured that it ful?lls the need for accurate and detailed knowledge of laws in the United States on all aspects of employment, from recruiting to termination, working conditions, compensation and bene?ts to collective bargaining. The volume proceeds in a logical sequence through such topics as the following: - written and oral contracts - interviewing and screening - evaluations and warnings - severance pay - reductions in force - temporary workers - trade union rights - wage and hour laws - employee bene?ts - workers' compensation - safety and environmental regulations - immigration law compliance - restrictive covenants - anti-discrimination laws - employee privacy rights - dispute resolution - recordkeeping requirements A wealth of practical features such as checklists of do's and don'ts, step-by-step compliance measures, applicable ?nes and penalties, and much more contribute to the book's day-to-day usefulness. Easy to understand for lawyers and non-lawyers alike, this book is sure to be welcomed by business executives and human resources professionals, as well as by corporate counsel and business lawyers.
Download or read book Regulations Part 530 written by United States. Employment Standards Administration. Wage and Hour Division and published by . This book was released on 1991 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Regulations Part 500 Migrant and Seasonal Agricultural Worker Protection written by United States. Employment Standards Administration. Wage and Hour Division and published by . This book was released on 1984 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Bulletin United States Department of Labor Bureau of Labor Standards written by United States. Bureau of Labor Standards and published by . This book was released on 1958 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practitioner s Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
Download or read book Territoriality and Extraterritoriality written by Ryuichi Yamakawa and published by . This book was released on 1991 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Extraterritorial Application of American Criminal Law written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-10 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the U.S. has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. Contents of this report: (1) Introduction; (2) Constitutional Considerations; (3) Conclusion; (5) Bibliography.
Download or read book The Extraterritoriality of Law written by Daniel S. Margolies and published by Routledge. This book was released on 2019-03-22 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of legal extraterritoriality figure prominently in scholarship on legal pluralism, transnational legal studies, international investment law, international human rights law, state responsibility under international law, and a large number of other areas. Yet many accounts of extraterritoriality make little effort to grapple with its thorny conceptual history, shifting theoretical valence, and complex political roots and ramifications. This book brings together thirteen scholars of law, history, and politics in order to reconsider the history, theory, and contemporary relevance of legal extraterritoriality. Situating questions of extraterritoriality in a set of broader investigations into state-building, imperialist rivalry, capitalist expansion, and human rights protection, it tracks the multiple meanings and functions of a distinct and far-reaching mode of legal authority. The fundamental aim of the volume is to examine the different geographical contexts in which extraterritorial regimes have developed, the political and economic pressures in response to which such regimes have grown, the highly uneven distributions of extraterritorial privilege that have resulted from these processes, and the complex theoretical quandaries to which this type of privilege has given rise. The book will be of considerable interest to scholars in law, history, political science, socio-legal studies, international relations, and legal geography.
Download or read book Global Labor and Employment Law for the Practicing Lawyer written by Samuel Estreicher and published by Kluwer Law International B.V.. This book was released on 2010-09-28 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia – twenty-seven in all – use their unique strengths to address issues worthy of concern in each juridical realm. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field.
Download or read book The Fair Labor Standards Act written by United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Workforce Protections and published by . This book was released on 2000 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Extraterritorial Jurisdiction in Theory and Practice written by Karl Matthias Meessen and published by Martinus Nijhoff Publishers. This book was released on 1996-08-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the proceedings of a symposium held in Dresden addressing the topic of extraterritorial jurisdiction with respect to financial services, tax, arms control, environmental law, antitrust matters and mergers and acquisitions. It provides an overview of how differently jurisdictional issues are perceived and dealt with, especially in the USA and UK. Contributions are from experts in the field. The book differs from others in the field in that it provides a resolution on extraterritorial jurisdiction. "Audience: " Civil servants, practising lawyers and academics in the field of international public law and private international law.
Download or read book East Asian Labor and Employment Law written by Ronald C. Brown and published by Cambridge University Press. This book was released on 2012-03-05 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea, and Japan. It explores and explains the effects of globalization and discusses the role of international lawyers, business personnel, and human resource directors who are knowledgeable, culturally sensitive, and understand the issues that can arise when dealing in EA trade and investment. The text and readings (from area experts) are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions, and dispute resolution). The book should be of interest not only to lawyers, students, human resource personnel, and government officials, but also to business investors, managers, and members of the public interested in the growing phenomenon of changing labor laws and societies in China, South Korea, and Japan.
Download or read book Contemporary Employment Law written by C. Kerry Fields and published by Aspen Publishing. This book was released on 2024 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Introduction to Employment Law for undergraduate students"--
