Cross Border Employer | Fisher & Phillips LLP
News, commentary and legal updates from Fisher & Phillips attorneys
who assist employers with cross border employment matters.

President Obama Announces Executive Action on Immigration

November 21, 2014 00:41
by Kim Kiel Thompson
President Obama has announced his plan for what he says is a partial fix of the U.S. immigration system. Through this Executive Action, more than four million undocumented individuals will get relief from deportation and will have the opportunity to apply for temporary work authorization under what is being called Deferred Action for Parental Accountability (DAPA), expand the Deferred Action for Childhood Arrivals (DACA) program, strengthen border security measures, expand provisional waivers to...

Immigration | Reform Law | Work Authorization | Undocumented | Deferred Action | Deportation


D.C. Circuit: USAID Worker Jailed in Cuba Can’t Recover Damages from the Government

November 20, 2014 06:50
by Amber Elias
On November 14, 2014, in Alan Gross and Judith Gross v. U.S.A., a three-judge panel of the United States Court of Appeals for the D.C. Circuit unanimously held that a humanitarian aid worker, who sub-contracted with the United States Agency for International Development (“USAID”), could not recover damages that stemmed from his incarceration in Cuba.  Relying on Supreme Court and D.C. Circuit precedent, the Court ruled that the foreign country exception to the waiver of sovereig...

Cuba | Sovereign Immunity


Employment Law in Switzerland

September 30, 2014 05:15
by Amanda K. Caldwell
Switzerland is a democratic country with a population of almost 8 million people, located in the heart of Europe and comprised of 26 cantons, also known as districts, that operate utilizing three official languages: French, German and Italian.  Each canton has its own constitution, legislature, government and courts.  Due to Switzerland’s advanced infrastructure, skilled workforce, and unlike many of its European counterparts, its ability to maintain a growing and stable economy,...

Employment Law | Switzerland


Court Denies Extraterritorial Application of the Dodd-Frank Act's Whistleblowing Provisions

September 8, 2014 07:33
by Celia Joseph
On August 14, 2014, in Liu Meng-Lin v. Siemens AG, a three-judge panel of the United States Court of Appeals for the Second Circuit unanimously held that the whistleblowing provision of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (“the Dodd-Frank Act”), does not protect a foreign worker employed abroad by a foreign corporation where all events related to the disclosures occurred abroad.  (Liu Meng-Lin v. Siemens AG, 2d. Cir., Docket No. 13-4385, Decided...


Russian Employment Law: Terms of Employment and Separation

August 21, 2014 07:34
by Celia Joseph
This article is the second in a series of articles regarding Russian employment law. Terms of Employment.  Under Russia’s Labor Code, there is a maximum 40-hour work week for employees, and less than that for certain types of jobs and workers, such as for employees working in dangerous environments or employees under eighteen years of age.  The law also contains provisions pertaining to flexible job arrangements, such as virtual work and flexible working hours.  ...



Independent Contractors for Global Organizations

July 14, 2014 02:55
by Annie Lau
As the global market grows seemingly smaller, more and more companies are expanding their reach around the world. Some companies send U.S. employees overseas, while others hire locally, or even utilize local independent contractors. As in the United States, companies must be mindful of the risks involved when hiring independent contractors in their international operations. While different countries have different levels of scrutiny when it comes to determining who is an independent contractor ...

Asia | Canada | China | Working Relationships | India | Independent Contractors | Contingent Workers

Restrictive Covenants and the Cross-Border Employer

May 23, 2014 06:41
by Danielle Urban
This article is the second in a series addressing employer considerations when beginning or acquiring cross-border operations.In most U.S. states employers are free to bind employees with restrictive covenants – which commonly take the form of post-employment restrictions on soliciting clients or employees – as a condition of employment.  The wide acceptance of such restrictions in the U.S. does not necessarily translate to other countries, however, and although restrictive cove...


Basics Of Employment Law In Italy: Part III

May 14, 2014 07:47
by Amanda K. Caldwell
This article is the third in a series which provides a brief overview of the some of the key elements of employment law in Italy. This article will cover terminations, including a summary of the sources of law governing terminations, the types of dismissals permitted under the law, notice provisions and other procedures applicable to terminations and the manner in which employees can contest a termination decision. Given the intricacies and constant evolution of the law in Italy relevant to thi...

Hong Kong: Embracing The Best of the East, and The Best of the West

April 10, 2014 07:20
by Alice Wang
In continuation of my article on Globalizing in Hong Kong in December 2013, let's discuss some of the practical implications and recent developments in Hong Kong's employment arena. Hong Kong is not just a pivotal financial center of Greater Asia with soaring towers and enigmatic business opportunities; it also embraces traditions and honors family-oriented values. New Law for Paternity Leave In late February 2014, the Hong Kong government stated it will seriously review and consider an Amend...




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