In an increasingly interconnected world and expanding global marketplace, a growing number of United States employers are encountering international employment law issues. Whether employing U.S. citizens in workplaces abroad, partnering with foreign entities abroad, or employing foreigners in the U.S., employers must determine which U.S., foreign, or combination of laws apply to their specific situations. This chapter outline some potential issues facing U.S. employers in a globalized economy. Employers who fail to conduct proper due diligence into international employment law issues may face penalties and the possibility of incarceration, and even potential business failure. This chapter briefly addresses various issues to demonstrate the variety of laws that may apply. Employers are strongly advised to seek legal counsel for specific advice in this broad and complex field.
U.S. employers with workplaces abroad may be subject to significantly different employment laws of the host country than apply in the United States. One example is the liberal family and maternity leave laws of many European countries. Another example is the heightened employee privacy laws in the European Union.
Similarly, employees in Mexico can enjoy liberal lifestyle requirements, such...
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