The World in U.S. Courts: Spring 2017 - Labor & Employment
Lawyers from Orrick's Cross-Border Employment Law Practice have written a note on Orrick’s Employment Law and Litigation Blog about a recent federal court decision in New York which adds greater uncertainty to the question whether a non-US parent company may be sued directly by an employee of its US subsidiary for age discrimination. In summary, the Court concluded that a discrimination claim against the parent can proceed if the relationship between the parent and its subsidiary was so close that it satisfied the so-called "single-employer" test. The factors to be considered in making this determination include (1) interrelation of operations between the parent company and subsidiary; (2) whether there is a centralized control of labor relations; (3) common management; and (4) common ownership or financial control. This standard is far easier to satisfy than the demanding one necessary to "pierce the corporate veil" and hold a parent directly responsible for the liabilities of its subsidiary. And it is a fact-specific inquiry leaving much room for discretion. Compounding the uncertainty, other courts have reached a different conclusion, rejecting efforts to subject non-US parents to age-discrimination claims. A copy of the complete note may be found here.