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38 U.S.C. § 4319 — Employment and reemployment rights in foreign countries
Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability of Controlling United States Employer of Foreign Entity.—** If an employer controls an entity that is incorporated or otherwise organized in a foreign country, any denial of employment, reemployment, or benefit by such entity shall be presumed to be by such employer.
**(b) Inapplicability to Foreign Employer.—** This subchapter does not apply to foreign operations of an employer that is a foreign person not controlled by an United States employer.
**(c) Determination of Controlling Employer.—** For the purpose of this section, the determination of whether an employer controls an entity shall be based upon the interrelations of operations, common management, centralized control of labor relations, and common ownership or financial control of the employer and the entity.
**(d) Exemption.—** Notwithstanding any other provision of this subchapter, an employer, or an entity controlled by an employer, shall be exempt from compliance with any of sections 4311 through 4318 of this title with respect to an employee in a workplace in a foreign country, if compliance with that section would cause such employer, or such entity controlled by an employer, to violate the law of the foreign country in which the workplace is located.
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Source file: Laws/federal/codes/united-states-code/title-38/section-4319-employment-and-reemployment-rights-in-foreign-countries--282b844a2a.md
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Source location: Title 38, Chapter 43, § 4319; chapter-043-employment-and-reemployment-rights-of-members-of-the-uniformed-services.md
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**(a) Liability of Controlling United States Employer of Foreign Entity.—** If an employer controls an entity that is incorporated or otherwise organized in a foreign country, any denial of employment, reemployment, or benefit by such entity shall be presumed to be by such employer.
**(b) Inapplicability to Foreign Employer.—** This subchapter does not apply to foreign operations of an employer that is a foreign person not controlled by an United States employer.
**(c) Determination of Controlling Employer.—** For the purpose of this section, the determination of whether an employer controls an entity shall be based upon the interrelations of operations, common management, centralized control of labor relations, and common ownership or financial control of the employer and the entity.
**(d) Exemption.—** Notwithstanding any other provision of this subchapter, an employer, or an entity controlled by an employer, shall be exempt from compliance with any of sections 4311 through 4318 of this title with respect to an employee in a workplace in a foreign country, if compliance with that section would cause such employer, or such entity controlled by an employer, to violate the law of the foreign country in which the workplace is located.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “Attorney General” means the Attorney General of the United States or any person designated by the Attorney General to carry out a responsibility of the Attorney General under this chapter.
(2) The term “benefit”, “benefit of employment”, or “rights and benefits” means the terms, conditions, or privileges of employment, including any advantage, profit, privilege, gain, status, account, or interest (including wages or salary for work performed) that accrues by reason of an employment contract or agreement or an employer policy, plan, or practice and includes rights and benefits under a pension plan, a health plan, an employee stock ownership plan, insurance coverage and awards, bonuses, severance pay, supplemental unemployment benefits, vacations, and the opportunity to select work hours or location of employment.
(3) The term “employee” means any person employed by an employer. Such term includes any person who is a citizen, national, or permanent resident alien of the United States employed in a workplace in a foreign country by an employer that is an entity incorporated or otherwise organized in the United States or that is controlled by an entity organized in the United States, within the meaning of [section 4319(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4319/c&num=0&edition=prelim).
(4)
(A) Except as provided in subparagraphs (B) and (C), the term “employer” means any person, institution, organization, or other entity that pays salary or wages for work performed or that has control over employment opportunities, including—
(i) a person, institution, organization, or other entity to whom the employer has delegated the performance of employment-related respon
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4303
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Federal law — U.S. Code and appendices · legal_authorities
Page 1010
TITLE 38—VETERANS’ BENEFITS
§ 4319
tion for the person in the same manner and to
the same extent the allocation occurs for other
employees during the period of service. For pur-
poses of determining the amount of such liabil-
ity and any obligation of the plan, earnings and
forfeitures shall not be included. For purposes of
determining the amount of such liability and for
purposes of section 515 of the Employee Retire-
ment Income Security Act of 1974 or any similar
Federal or State law governing pension benefits
for governmental employees, service in the uni-
formed services that is deemed under subsection
(a) to be service with the employer shall be
deemed to be service with the employer under
the terms of the plan or any applicable collec-
tive bargaining agreement. In the case of a mul-
tiemployer plan, as defined in section 3(37) of
the Employee Retirement Income Security Act
of 1974, any liability of the plan described in this
paragraph shall be allocated—
(A) by the plan in such manner as the spon-
sor maintaining the plan shall provide; or
(B) if the sponsor does not provide—
(i) to the last employer employing the per-
son before the period served by the person in
the uniformed services, or
(ii) if such last employer is no longer func-
tional, to the plan.
(2) A person reemployed under this chapter
shall be entitled to accrued benefits pursuant to
subsection (a) that are contingent on the mak-
ing of, or derived from, employee contributions
or elective deferrals (as defined in section
402(g)(3) of the Internal Revenue Code of 1986)
only to the extent the person makes payment to
the plan with respect to such contributions or
deferrals. No such payment may exceed the
amount the person would have been permitted
or required to cont
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 4319
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