Category: International Employment Law

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when Hiring or Retaining Noncitizen Professionals?

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when Hiring or Retaining Noncitizen Professionals?

Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and sometimes even interning with the employer. Other employers experience delays in hiring foreign nationals needed for specialized positions despite the obvious qualifications of the candidate. These employers’ frustrations reflect the...

Quirky Question #258, Ex Pat Trailing Partners

Question: Fred, one of our technical IT specialists, just told us that his partner volunteered for a European assignment.   Fred’s a great guy and we need him but he earns less than his partner and wants the experience of working abroad.   If we don’t help him, Fred will probably look for overseas work with a competitor and he’s sure to...

The UK’s Bribery Act of 2010: The Obligations and Risks It Imposes on US Employers with Business in the UK

The UK’s Bribery Act of 2010: The Obligations and Risks It Imposes on US Employers with Business in the UK

Introduction The UK Bribery Act is expected to come into force shortly. The Act was implemented in response to pressure on the UK to reform its outdated anti-corruption legislation. The scope of the Act is broader than that of the Foreign Corrupt Practices Act (“FCPA”). Whereas the FCPA only applies if the recipient is a foreign official, the Bribery Act...

Employment Law in China

Employment Law in China

Best Practices to Ensure that a Non-Competition Agreement is Enforceable in China By Richard Chao and Haidong Yang Introduction After more than a year since the implementation of the PRC Employment Contract Law (the “Law”) (the PRC Employment Contract Law was promulgated on August 5, 2007 and became effective on January 1, 2008; the Implementing Regulations for the PRC Employment...

Downsizing and Foreign Nationals, Quirky Question # 76

Downsizing and Foreign Nationals, Quirky Question # 76

Quirky Question # 76: I read with interest your analysis of alternatives to layoffs [Quirky Question # 71].  We have a slightly different issue.  Like many companies, we are facing the difficult prospect of downsizing staff.  We are a small technology company with operations in the US and an office abroad.  Among our professional staff are a number of foreign...