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U.S. Code as of:
01/19/04
Section 4319. Employment and reemployment rights in foreign countries
(a) Liability of Controlling United States Employer of Foreign
Entity. - 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) Inapplicability to Foreign Employer. - This subchapter does
not apply to foreign operations of an employer that is a foreign
person not controlled by an United States employer.
(c) Determination of Controlling Employer. - 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) Exemption. - 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.
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