When companies go south, labor laws double: companies with operations in Latin America must adhere to U.S. and local employment laws
Article Abstract:
Companies starting operations in Latin America should carefully study the applicable labor laws, which often affect maternity leave, severance pay, year-end bonuses, and more. Expatriate US citizens remain covered by some US labor laws but are also protected by those of the country where they work. Severance pay depends on length of service, potentially including time abroad, and mandatory profit-sharing of 10% to 15% of profits is common. Managers may be criminally liable for not following workplace safety laws.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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FMLA's reach extends to contingent work force; regulations issued by the DOL offer Family Medical Leave Act coverage to temporary labor
Article Abstract:
The Department of Labor's regulations implementing the Family and Medical Leave Act of 1993 (FMLA) state that contingent workers are also covered by this act. This may even make employers liable through association with another business, for example under the joint employment theory of imputed employment. This is the FMLA theory most likely to apply to employers who use temporary labor. Judicial decisions involving the FMLA are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Courts have held joint employer obligations to exist in contingent employment and leasing arrangements under both federal employment and labor structures
Article Abstract:
Employers hoping to avoid regulations by using contingent or leased employees will be disappointed by the rulings which find the employer and the employment agency jointly liable. The determinative factor in evaluating these relationships is extent of control an employer maintains over an employee. As more contingent workers are used in the future, the centrality of the importance of employer liability questions will only grow.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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