Court Dismisses Class Action Claims Based On Afghanistan Labor Code

United States lawsuits involving the law of Afghanistan are uncommon, but it is common for employees to bring suit based on work done abroad generally, and not just in that one country. A recent case, however, illustrates that while the United States may be a more convenient forum, even a class action may founder if the law of the host country provides for no relief.

In Allen v. Fluor Corp., Civil Action no. 3:16-CV-1219-D (N.D. Tex. June 15, 2017), the plaintiffs were United States citizens who worked for a contractor in Afghanistan that provided noncombat logistical services. Presumably, this is a euphemism for "not military." They contended that they worked overtime hours and were entitled to overtime pay based on Afghanistan's Labor Code, and sought to pursue their claims on a class-wide basis.