1. © 2005 Dinsmore & Shohl LLP W W W. D I N S L A W. C O M APPLICATION OF UNITED STATES EMPLOYMENT LAWS TO MULTINATIONAL COMPANIES August 2005 Michael W. Hawkins, Esq. Dinsmore & Shohl LLP Phone: (513) 977-8270 michael.hawkins@dinslaw.com

2. © 2005 Dinsmore & Shohl LLP Labor & Employment Laws in a Global Economy n What obligations do foreign employers have when operating in the U.S.? n What obligations do U.S. employers have when operating in foreign countries?

3. © 2005 Dinsmore & Shohl LLP Operations in the U.S. or U.S. Territories n April 2003, EEOC fact sheet on “The Equal Employment Opportunity Responsibilities of Multinational Employers” n Multinational employers operating in U.S. or its territories are subject to EEO laws – unless other treaty or binding agreement controls n Result - Covered by age, race, sex, national origin, and disability laws and breach of contract and employment torts

4. © 2005 Dinsmore & Shohl LLP Employers Operating Abroad: What U.S. Employment Laws Apply n U.S. Discrimination laws apply to U.S. citizens working in foreign countries if working for: – U.S. employer or – Foreign employer controlled by U.S. employer

5. © 2005 Dinsmore & Shohl LLP Determining Nationality of Employer n The following factors are used to determine the nationality of an employer – Place of incorporation – Principal place of business – Nationality of dominant shareholders – Nationality and location of management

6. © 2005 Dinsmore & Shohl LLP Determining Control of Foreign Corporation n Factors to consider to determine whether an American employer controls a foreign firm: – Interrelation of operations – Common management – Centralized control of labor relations – Common ownership or financial control

7. © 2005 Dinsmore & Shohl LLP Foreign Laws Defense It is not illegal to violate the statutes if compliance would cause the employer to violate the laws of the country in which the workplace is located.

8. © 2005 Dinsmore & Shohl LLP W W W. D I N S L A W. C O M Michael W. Hawkins, Esq. Dinsmore & Shohl LLP 255 E. Fifth Street, Suite 1900 Cincinnati, Ohio 45202 (513) 977-8270 Fax: (513) 977-8141 michael.hawkins@dinslaw.com