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

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...


Let the H-1B Games Begin: May the Odds Be Ever in Your Favor

March 26, 2014 08:31
by Shanon R. Stevenson
Katniss Everdeen’s bow and arrow will not help employers on April 1st, 2014 when the competition for H-1B work visas begins.  On April 1, U.S. Citizenship and Immigration Services (“USCIS”) begins accepting H-1B petitions for foreign workers in professional or specialty occupation jobs to fill the 65,000 available slots for applicants who hold a bachelor’s degree or the equivalent and the 20,000 available slots for applicants who hold a U.S. master’s degree or ...


Human Resource Considerations in China

March 25, 2014 07:57
by Annie Lau
When people think about the reasons they have left an organization or have not accepted an offer with a company, one of the key common factors is perhaps something one might not expect: development, or rather, the lack thereof. Compensation, while certainly important, is often not the deciding factor in the decision to work or stay somewhere.The same need for development seems to be a growing emphasis as part of the recruiting efforts in China for many organizations. The rapidly rising economy i...


Cross-Border Employers Must Take Care Before Implementing Drug-and-Alcohol-Testing Policies at Non-U.S. Operations

February 18, 2014 04:24
by Danielle Urban
Many U.S.-based employers perform pre-employment, post-accident, or random drug testing, and with some exceptions, are generally permitted wide latitude in deciding when to conduct such tests. The U.S. attitude toward drug testing does not necessarily translate to other countries, however, where there may be different attitudes toward employee privacy, in particular. U.S.-based employers can run into trouble when attempting to impose those same testing requirements on a foreign division...




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