United States Labor and Employment Laws in a Foreign Country
The question of which labor laws apply to an employee working for a United States company, but who are stationed in a foreign country, depends on the employment law that the employee is trying to enforce. Generally, the employee protection laws which will apply to those individuals working in a foreign country are those laws in the host county. Many countries have mandatory laws that must be enforced for all individuals who work within the country. The type of mandatory laws in many countries include regulations that deal with hiring, firing, vacation, overtime, days of rest, wages, benefits, discrimination, restrictive covenants and their enforceability, hours and trade secrets.
The provisions of the Fair Labor Standards Act (FLSA) regarding minimum wage and overtime requirements do not apply to any employee whose services during the workweek are performed in a workplace within a foreign country or within territory under the jurisdiction of the United States, except for the following: Puerto Rico, the Virgin Islands, outer Continental Shelf, American Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll, and Johnston Island. The Family Medical Leave Act also applies only to employees who are employed within the United States or any of its territories or possessions.
A number of Federal anti-discrimination laws such as the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII), and Age Discrimination in Employment Act (ADEA) have been amended to explicitly state they apply to U.S. citizens who work for a U.S, or a U.S. controlled company, in a foreign country. Title VII, the ADA, the ADEA regulations all include a foreign laws defense which allows and employer to avoid liability for violating the United State laws upon proof that compliance with the regulations would cause the employer to violate the laws of a foreign country
If any of the above referenced laws, which are applicable to workers in a foreign county, are violated the employee may have a cause of action, not only in the United States, but also in the foreign country in which the work was actually performed.
