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That seems unlikely, since they do not have legal jurisdiction over say a company in Belgium who is advertising worldwide for employees.
by ta8645 3y ago
That seems unlikely, since they do not have legal jurisdiction over say a company in Belgium who is advertising worldwide for employees.
- sokoloff 3y agoIntent and reasonably foreseeable outcomes probably matters here. If that company in Belgium advertises worldwide and somehow hires many people who live in New York, you bet NY will argue (successfully) that they have to follow this law, at least prospectively, as it affects residents of their state and the DoL has jurisdiction over protecting the labor rights of its residents.
- robertlagrant 3y agoWhat does that mean in practice?
- ta1243 3y agoI wonder if they'll also be agreeing to enforce the GDPR because New York companies sell services to Belgium citizens
- the_gipsy 3y agoGDPR is already enforced on American companies serving EU citizens. Only if the American company never intends to do business in the EU can they get away with breaching it.
- jabradoodle 3y agoApart from just about every cookie banner in existence which is in breach of gdpr and as of yet basically no consequence.
- sokoloff 3y agoThat's equally true of Belgian and New York companies, though.
- deleted 3y ago[deleted]
- the_gipsy 3y agoYes, however companies are actively being fined for those. It's just that there is a huge amount of websites and not enough resources to prosecute them all at once. https://www.enforcementtracker.com/ https://www.enforcementtracker.com/
- jabradoodle 3y agoHopefully, haven't seen a difference as and end user. Do you know which of those fines are due to non compliant cookie banners? Had a quick look but I'm not well up enough on GDPR to figure out which fines are for violating which parts of GDPR.
- the_gipsy 3y agoNo idea, but IIRC some are. The text is legalese so hard to make out exactly. Then also it's per country, even more complicated. Filing a case also is per country.
- the_gipsy 3y agoJust like anything else: if the belgian company doesn't comply but does any business with the US, then the US can interfere. Now this example is quite irrelevant, the interesting and usual case is a company from any other state hiring a worker remotely and residing in NY. This is straightforward.
- KoftaBob 3y agoThey do if the job is listed as being based in NY, which is what this law pertains to.
- ta8645 3y agoThat makes sense. So it's okay for companies to advertise to NY citizens, for jobs in other states, without complying with this rule.