1 555 F.Supp. 1251 (D.NJ. 1983), aff’d, 728 F.2d 607 (3d Cir. 1984).

2 See Blackmer v. United States, 284 U.S. 421, 437 (1932).

3 The court contrasted the ADEA with the language of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-2 (1982), as well as other laws, where Congress had specifically provided for extraterritorial application.

4 29 U.S.C. §213(f) (1982). Section 13(f), in turn, is referenced in §16(d) of the FLSA, which states: “[N]o employer shall be subject to any liability or punishment under this . . . Act . . . on account of his failure to comply with . . . provisions of . . . such Act (1) with respect to work . . . performed in a workplace to which the exemption in section 213(f). . . is applicable.. . .” Id. §216(d). Section 16(d) is itself incorporated into the ADEA by 29 U.S.C. §626.

5 608 F.Supp. 377, 380–81.

6 See Restatement (Second) of the Foreign Relations Law of the United States §38 note 1 (“statutes designed to be applied to conduct taking place outside the United States usually expressly so provide”).

7 See Cleary, 555 F.Supp. at 1259; Pfeiffer v. Wm. Wrigley Jr. Co., 573 F.Supp. 458, 459 (N.D. III. 1983), aff’d, 755 F.2d 554 (7th Cir. 1985).

8 29 U.S.C. §213(f) (1982). Both the Cleary and the Pfeiffer courts omitted the reference to the four listed sections, and cited § 13(f) as applicable broadly to “this title.”

9 See the Older Americans Act Amendments of 1984, Pub. L. No. 98–459, §802 (to be codified at 29 U.S.C. §630). The amendment took effect in 1984 after the plaintiff’s claim arose.

10 While the De Yoreo court made no mention of the amendment, Judge Posner of the Seventh Circuit recently explained, in a very similar case, that the amended provisions do not apply retroactively. See Pfeiffer v. Wm. Wrigley Jr. Co., 755 F.2d 554 (7th Cir. 1985). Notice of appeal to the Fifth Circuit was filed in De Yoreo June 25, 1985.