Lawyers International Network for Employees and Executives (LINEE)

Wayne Outten

Wendi Lazar and Cody Yorke Discuss “New Expatriate Employees” in Reuters Legal News

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Nearly two years have passed since nations began closing their borders to control the spread of COVID-19 among their local populations. Working remotely in foreign countries made it easier for many employees to take care of families, home-school their children, and be with faraway relatives. Now, what may have initially been an experiment or stopgap measure has become the preferred work-life existence for these expat workers.

But making a temporary international remote work arrangement a permanent situation poses legal consequences affecting compensation, income taxes, job benefits, and healthcare. Multinational workers and their employers need to know their rights and responsibilities, which can be difficult without knowing if the host countries’ or home countries’ laws apply to their employment relationships.

Outten & Golden partner Wendi Lazar and associate Cody Yorke routinely counsel clients on expatriate employment issues. Reuters Legal News recently published an article in which they discuss the issues remote workers and employers should consider when contemplating remote work abroad. Read more.

LINEE Mourns the Loss of James McDonald

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LINEE and its members were saddened by the news that James McDonald passed away unexpectedly on January 26, 2021.

A shareholder in the Toronto, Canada office of Goldblatt Partners LLP, Jim was one of LINEE’s earliest members and a stalwart supporter of our mission to create a worldwide network of leading employee-side employment lawyers. As his friend and colleague Daniel Iny laments, “Jim was a wonderful mentor to so many people at Goldblatt Partners, and his passing is a huge loss to the firm, Canadian labour law, and the legal community.”

On behalf of everyone at LINEE, we extend our deepest condolences to Jim’s family and colleagues. Read more.

How Videoconferencing Has Become Part of the “New Normal” in the Practice of Law

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The COVID-19 pandemic is a worldwide crisis of epic proportions. It has created enormous challenges, some of which are apparent, such as health and economic impacts that are without equal in our lifetimes. More challenges undoubtedly await us, some of which we may not even imagine. On the other hand, the crisis may present opportunities for us to learn and to improve in our personal and professional lives.

“The Chinese use two brush strokes to write the word ‘crisis.’ One brush stroke stands for danger; the other for opportunity. In a crisis, be aware of the danger–but recognize the opportunity.” – John F. Kennedy

President Kennedy may have exercised some poetic license in that quote, but it serves as a useful rhetorical device here. In short, out of a crisis can come opportunities. Read more.

10 Key Employment Considerations for U.S. Employees Working Abroad

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Statistics from the U.S. State Department indicate that more than nine million U.S. citizens live outside the country, a large percentage of whom expatriated for work reasons. Whether for career advancement, corporate transfer, or the opportunity to live and travel in a foreign country, international employment is common in our global economy. If you’re thinking about an overseas posting, you should address some critical issues with your employer before you take the job.

Employment Contracts

First and foremost, your rights, protections, and obligations should be set forth in an employment agreement before you accept a position overseas. You may have previously entered into an employment contract for a U.S. job subject to the laws and regulations of the U.S. and the state in which you work; but expat contracts also must address the local rules and customs of your new workplace. Make sure the agreement is in writing and clarifies essential elements, such as the job description, work hours, place of work, compensation, termination rights, and other issues addressed here.

Duration of Employment

Defining how long you will spend in an international posting allows you (and your family) to plan ahead and establishes a mutual expectation with your employer. This is especially important for employees who expect to return to jobs in the U.S. when their assignments end. Read more.

The Right of International Employees to Bring Employment Claims in the United States

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For employees who work in or have connections with several different countries, it can be difficult to figure out which country’s laws and courts offer protection in an employment dispute. In some cases, the employee may even have a choice between different jurisdictions.

This factsheet summarizes the key issues involved in deciding what rights or claims an international employee may have in the United States (US). Please note that while many aspects of US employment law are governed by federal laws, many important aspects vary considerably state-by-state. Thus, an employee’s overall position will often depend on the state of employment.

Introduction

In the US, federal, state, and local statutes regulate the employment relationship, as well as common law principles that govern issues related to contracts, torts, and fiduciary duties. The extent to which an employee can bring a claim or have legal protection in the US will depend on the type of claim involved and where the claim is being brought. Read more.