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Employer Liability Issues Puerto Rico

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Hair Style Discrimination Is Now Statutorily Prohibited in Puerto Rico

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On July 24, 2024, the Governor of Puerto Rico, Hon. Pedro Pierluisi, signed into law Senate Bill 1282, the Law Against Discrimination Based on Hair Styles. This law adopts as public policy the express prohibition of...more

Morgan Lewis

Puerto Rico Increases Minimum Wage and Extends Deadline to File Payroll Statement

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Effective July 1, 2024, Puerto Rico’s minimum wage will increase to $10.50 per hour. Additionally, employers now have until August 15, 2024 to file their annual payroll statement to maintain their insurance coverage through...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Remote Workers in Puerto Rico Could Be Exempted From Puerto Rico’s Employment Laws

On January 26, 2024, Puerto Rico enacted Law 27-2024, which exempts certain remote workers and their employers from complying with Puerto Rico’s employment laws....more

Morgan Lewis

Puerto Rico Enacts New Law on Remote Work and Airline Home Bases

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The new act, effective as of January 17, clarifies the applicability of local employment laws to remote workers and aims to facilitate remote work in Puerto Rico. The Act to Facilitate the Implementation of Remote Work in...more

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With the New Year, Puerto Rico Enacts New Legislation Facilitating Remote Work and Providing Exemption to Airlines Opening...

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In the summer of 2022, Puerto Rico enacted Act 52-2022, which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011 to address the pandemic-related issue of employees...more

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Puerto Rico Extends Maternity Leave for Public Sector Employees

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On November 13, 2023, Puerto Rico Governor Pedro Pierluisi signed Act No. 129-2023, increasing the duration of maternity leave for government employees. The new Act amends various laws that regulate this leave in the public...more

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Sports-Related Employment Law Updates in Puerto Rico

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A new law in Puerto Rico provides several pay and anti-discrimination protections for athletes on account of their pregnancies. A separate sports-related employment law extends leave protections for eligible athletes, coaches...more

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New Puerto Rico Military Code: What Puerto Rico Employers Should Know

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On August 8, 2023, Puerto Rico’s government enacted Act No. 88-2023, known as the “Puerto Rican Military Code of the 21st Century” (“Military Code”). This new law supersedes the previously enacted Military Code of Puerto Rico...more

Littler

Amendments to Puerto Rico’s Act 54 on Domestic Violence Will Impact Employer Policies

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The governor of Puerto Rico recently signed into law amendments to Act No. 54 of August 15, 1989, “Act for the Prevention and Intervention with Domestic Violence.” The amendments include “economic violence” as a form of...more

Littler

Will the FLSA Regulations for Exempt Employees Apply to Puerto Rico Operations?

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On August 30, 2023, the United States Department of Labor, Wage and Hour Division, released a Notice of Proposed Rulemaking (NPRM) to update and revise the regulations under the federal Fair Labor Standards Act regarding...more

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Informal Caregivers in Puerto Rico Do Not Need to Satisfy Threshold Requirements for Requesting Work Schedule Changes

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Pursuant to the recently enacted Act No. 82 of August 8, 2023, employers in Puerto Rico must consider an informal caregiver’s request for a work-schedule change without meeting some of the threshold requirements required by...more

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Puerto Rico Governor Amends Workers’ Compensation Act to Provide Reduction of Employee Premiums for Safe Workplaces

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On August 8, 2023, the Governor of Puerto Rico signed into law Act No. 85-2023, effective immediately. The statute amends Puerto Rico’s Workers’ Compensation Act by further incentivizing safe workplaces....more

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Supreme Court of Puerto Rico Rules PR-DOL Christmas Bonus Exemption Decree Was Inapplicable to Unionized Employees

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On June 30, 2023, the Supreme Court of Puerto Rico issued an Opinion and Order interpreting an employer’s obligation to pay the Christmas Bonus to employees covered by a Collective Bargaining Agreement (CBA).  Writing for the...more

Faegre Drinker Biddle & Reath LLP

Reforms to Puerto Rico’s Labor Law Declared Null and Void Ab Initio

On March 3, 2023, U.S. District Court Judge Laura Taylor Swain, presiding over Puerto Rico’s bankruptcy, issued an opinion declaring Act 41-2022 (Act No. 41) null and void ab initio. Law 41-2022 Amendments - Act No....more

Morgan Lewis

Amendments to 2017 Puerto Rico Labor Reform Annulled

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Puerto Rico Act No. 41-2022 (Act 41), which amended and repealed certain more employer-friendly sections of the 2017 Labor Reform, was declared void by a federal judge on March 3, 2022. The decision renders Act 41, and any...more

Littler

Nullified ab initio: What Employers in Puerto Rico Need to Know About the Decision to Nullify the New Labor Reform Bill (Act No....

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For the past few years, Puerto Rico’s finances have been supervised by a board designated by the U.S. Government—the Financial Oversight & Management Board for Puerto Rico (“FOMB”). Its role is to revise and approve the...more

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Puerto Rico Employers Offering Internship Programs Must Comply with New Law

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On December 27, 2022, Gov. Pedro Pierluisi signed Act 114 of 2022, known as the “Puerto Rico Fair Internships Act” (Act. 114) into law. Act 114 seeks to offer compensatory protections to students who are part of internship...more

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Amendment to Puerto Rico Sexual Harassment in the Workplace Law (Act 17-1988) Requires Implementation of Specific Complaint...

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On September 28, 2022, Puerto Rico Governor Pedro Pierluisi signed into law Act No. 82-2022 (Act 82) amending Act No. 17 of April 22, 1988, which prohibits sexual harassment in the workplace. This amendment expands employment...more

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Puerto Rico Treasury Department Takes Action in Response to Hurricane Fiona

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On September 17, 2022, Puerto Rico Governor Hon. Pedro Pierluisi issued Executive Order No. OE-2022-045, declaring a state of emergency due to the passing of Hurricane Fiona through the Island. Likewise, on September 21,...more

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Puerto Rico Governor Declares Monkeypox State of Emergency: Why Should Employers Take Note?

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In response to the COVID-19 pandemic, Puerto Rico enacted Act No. 37-2020, which created a special five-day paid leave for non-exempt employees in the private sector. Act No. 37 amended the Puerto Rico Minimum Salary,...more

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Puerto Rico Enacts New Legislation on Remote Workers of “Out-of-State” Employers

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On June 30, 2022, the governor of Puerto Rico signed into law Act No. 52 (Act 52-2022), which amended the concept of “engaged in trade or business” under the Puerto Rico Internal Revenue Code of 2011, to address the...more

Littler

Puerto Rico Secretary of Labor Issues Opinion on Criteria for Vacation and Sick Leave Accrual for Part-Time Employees Under Act...

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On June 20, 2022, Puerto Rico’s governor approved Act 41-2022, which includes a series of amendments to Puerto Rico’s Act 4-2017, better known as the Labor Transformation and Flexibility Act (LTFA), and other employment...more

Faegre Drinker Biddle & Reath LLP

Reforms to Puerto Rican Labor Law Reinstate Employee-Friendly Measures

On June 20, 2022, Puerto Rico’s governor signed into law Act No. 41-2022 (“the Act”). The Act rolls back certain changes brought about by the Labor Transformation and Flexibility Act (“LTFA”). The LTFA was enacted in 2017 in...more

Morgan Lewis

Puerto Rico Amends 2017 Labor Reform

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Puerto Rico Governor Pedro Pierluisi signed Act No. 41-2022 on June 20, 2022, amending and repealing certain sections of the Labor Transformation and Flexibility Act of 2017, also known as the 2017 Labor Reform. The act aims...more

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With COVID-19 Numbers on the Rise, Puerto Rico DOH Updates Quarantine and Isolation Guidelines

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The Puerto Rico Department of Health (PR DOH) has issued new Guidelines for Case Investigation and Contact Tracing for COVID-19 (Guidelines). These provide updates to previously issued quarantine and isolation guidelines....more

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