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Contrary to an employee’s possible expectation, state and federal labor protections afforded to United States citizens may be diminished if the employer sends him or her to a different jurisdiction to perform work. The federal Fair Labor Standards Act (“FLSA”) requires a rate of one and one half pay for overtime work unless an enumerated exemption applies. Under the FLSA, employees lose protection if the employment is “in foreign countries and certain United States territories.” State wage and overtime laws modeled on the FLSA are less clear about foreign work exemptions similar to the FLSA and expand protections given to employees.

university of pittsburgh law review

PENNSYLVANIA EMPLOYEES PROTECTED ABROAD: EXTRATERRITORIAL APPLICATION OF STATE LABOR LAW IN TRUMAN V. DEWOLFF, BOBERG &amp; ASSOCIATES, INC. AND THE FAIR LABOR STANDARDS ACT FOREIGN WORK EXEMPTION