Veterans' benefits
Part III — Readjustment and related benefits
Chapter 43 — Employment and reemployment rights of members of the Uniformed Services
Subchapter II
(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.
(Added Pub. L. 105-368, title II,
§212(b )(1), Nov. 11, 1998, 112 Stat.
3331.)
