Sometimes U.S. employment laws apply to U.S. citizens who are working abroad, and sometimes they don’t. HR should know when these laws apply “extraterritorially,” as well as when U.S. law and non-U.S. law are at odds.
When U.S. citizens work for a U.S. company or subsidiary abroad, they are protected from discrimination under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).
The Fair Labor Standards Act, the Family and Medical Leave Act, the National Labor Relations Act, the Occupational Safety and Health Act and state laws have no extraterritorial application, said Erika Collins, an attorney with Faegre Drinker in New York City.
