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38 U.S.C. · Veterans' Benefits
38 U.S.C. § 4319

Employment and reemployment rights in foreign countries

Ch. 43 — EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES
Title 38 U.S.C. ● ACTIVE Primary Source Ch. 43
Statutory Text

38 U.S.C. § 4319 — Employment and reemployment rights in foreign countries

U.S.C. Title 38 - VETERANS' BENEFITS 38 U.S.C. United States Code, 2023 Edition Title 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 43 - EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES SUBCHAPTER II - EMPLOYMENT AND REEMPLOYMENT RIGHTS AND LIMITATIONS; PROHIBITIONS Sec. 4319 - Employment and reemployment rights in foreign countries From the U.S. Government Publishing Office, www.gpo.gov

§4319. Employment and reemployment rights in foreign countries

(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.)

Statutory Notes and Related Subsidiaries

Effective Date Section applicable only with respect to causes of action arising after Nov. 11, 1998, see section 212(c) of Pub. L. 105–368, set out as an Effective Date of 1998 Amendment note under section 4303 of this title.

Source: uscode.house.gov — public domain Official Source ↗
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38 U.S.C. § 4319
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The statutory text of 38 U.S.C. § 4319 is reproduced from the official United States Code as published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov).
Navigate Corpus — Title 38
← 38 U.S.C. § 4318 38 U.S.C. § 4321 →
Ch. 43 — EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES
38 U.S.C. § 430138 U.S.C. § 430238 U.S.C. § 430338 U.S.C. § 430438 U.S.C. § 431138 U.S.C. § 431238 U.S.C. § 431338 U.S.C. § 431438 U.S.C. § 431538 U.S.C. § 431638 U.S.C. § 431738 U.S.C. § 431838 U.S.C. § 431938 U.S.C. § 432138 U.S.C. § 432238 U.S.C. § 432338 U.S.C. § 432438 U.S.C. § 432538 U.S.C. § 432638 U.S.C. § 432738 U.S.C. § 433138 U.S.C. § 433238 U.S.C. § 433338 U.S.C. § 433438 U.S.C. § 4335
38 U.S.C. — public domain ← All Legislation
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boisestandard.org → United States → Law → U.S. Code → Title 38 → 38 U.S.C. § 4319