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
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
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
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
On June 20, 2022, Governor Pedro Pierluisi signed into law Act No. 41-2022, instituting drastic changes to labor and employment laws in Puerto Rico and extending employment rights for employees in the private sector. In doing...more
6/22/2022
/ Anti-Discrimination Policies ,
Bonuses ,
Employee Rights ,
Employees ,
Employment Contract ,
Labor Reform ,
Minimum Wage ,
New Legislation ,
Puerto Rico ,
Rest and Meal Break ,
Wage and Hour
In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more
4/19/2022
/ Adverse Employment Action ,
Affirmative Defenses ,
Age Discrimination ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Regulations ,
Puerto Rico ,
Reorganizations ,
Supreme Court of Puerto Rico ,
Wrongful Termination
With COVID-19 positivity rates falling below 3.4%, on March 7, 2022, Puerto Rico Governor Pedro Pierluisi issued Executive Order 2022-019 (EO), drastically changing previously issued COVID-19 measures and guidelines by...more
As COVID-19 positivity rates continue to decrease, on February 13, 2022, Puerto Rico Governor Pedro Pierluisi issued three news executive orders revising travelers’ declaration requirements, relaxing COVID-19 restrictions and...more
2/18/2022
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
International Labor Laws ,
International Travel ,
New Guidance ,
Puerto Rico ,
Traveling Employee ,
Vaccinations ,
Workplace Safety
Governor Issues New Executive Order Providing for New Vaccination Mandates -
New Order or Decree -
On November 15, 2021, Puerto Rico’s Governor issued Executive Order No. 2021-075 (EO 2021-075), which integrates prior...more
1/27/2022
/ Arbitration Agreements ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Infectious Diseases ,
International Labor Laws ,
Labor Reform ,
New Guidance ,
Public Health Emergency ,
Puerto Rico ,
Vaccinations ,
Workplace Safety
In his most recent attempt to curb the spread of COVID-19, on January 13, 2022, Puerto Rico Governor Pedro Pierluisi once again issued back-to-back executive orders (EO) implementing additional COVID-19 restrictions and...more
On December 31, 2021, Puerto Rico Governor Pedro Pierluisi issued Executive Order No. 2021-87 (EO) requiring first responders and certain private sector personnel to receive the COVID-19 vaccine booster shot in order to be...more
1/13/2022
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Regulations ,
Popular ,
Public Health Emergency ,
Puerto Rico ,
Vaccinations ,
Workplace Safety
Puerto Rico Governor Pedro R. Pierluisi recently issued back-to-back executive orders (EO) regarding COVID-19. It appears that the third EO was stuck in holiday traffic. This latest EO, like her sisters, amends November’s...more
In Torres Rivera v. Econo, 2021 TSPR 150, 208 D.P.R. __ (Nov. 18, 2021), the Puerto Rico Supreme Court (“PRSC”) determined that when a plaintiff prevails in a discrimination lawsuit, any award of back pay (lost wages) to be...more
12/23/2021
/ Age Discrimination ,
Damages ,
Disability Discrimination ,
Employment Litigation ,
Lost Wages ,
Penalties ,
Puerto Rico ,
Retaliation ,
Supreme Court of Puerto Rico ,
Unemployment Benefits ,
Wage and Hour
In two days, Puerto Rico Governor Pedro R. Pierluisi issued back-to-back executive orders (EO) establishing greater restrictions on mass activities, food and drink establishments, and air passengers arriving on the Island....more
12/22/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Executive Orders ,
Infectious Diseases ,
Public Health Emergency ,
Puerto Rico ,
Restaurant Industry ,
Travel Restrictions ,
Vaccine Passports ,
Virus Testing ,
Workplace Safety
On November 15, 2021, Puerto Rico Governor Pedro Pierluisi issued Executive Order No. 2021-075 (EO 2021-075), which integrates prior COVID-19-related orders still in effect and, notably, includes vaccine/testing requirements...more
11/16/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Puerto Rico ,
Vaccinations ,
Workplace Safety
On September 21, 2021, Puerto Rico Governor Pedro Pierluisi signed into law an Act that raises the hourly minimum wage from $7.25 to $8.50. Prior to this increase, the minimum wage in Puerto Rico had not been modified since...more
Given the recent increase in COVID-19 positivity rates in Puerto Rico, on Thursday, August 5, 2021, Governor Pedro Pierluisi issued Executive Order No. 2020-062, adopting new vaccination measures for different sectors. ...more
8/11/2021
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Health and Safety ,
Healthcare Workers ,
Hospitality Industry ,
Infectious Diseases ,
Puerto Rico ,
Tourism ,
Vaccinations ,
Workplace Safety
On July 22, 2021 the Puerto Rico Department of Health (PRDOH) issued Administrative Order No. 2021-509 (AO) providing that, in order to physically attend school, post-school educational institutions, or universities,...more
On June 3, 2021, Puerto Rico Governor Hon. Pedro Pierluisi issued Executive Order (EO) 2021-043 to further relax COVID-19 restrictions and guidelines. The new EO will be in effect from June 7, 2021 until July 4, 2021. The...more
Since the beginning of the COVID-19 pandemic and as new information has become available, the Centers for Disease Control and Prevention (CDC) and local governments have continuously revised their isolation and quarantine...more
Multiple states and jurisdictions are reporting a deadly winter spike of COVID-19 infections. An excess of 220,000 cases of COVID-19 were reported in early December, a dramatic increase from the 44,783 reported in October....more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Puerto Rico ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
In conclusion, employers have multiple CDC-approved approaches to choose from when determining their return-to-work protocols. Employers opting for the test-based strategy are protected under the ADA so long as it is carried...more
On November 16, 2020, the Puerto Rico Department of Labor and Human Resources (“PR DOL”) issued Circular Letter No. 2020-05, discussing considerations for private sector employers when requesting an exemption from paying the...more
Article II, Section 1, of the Puerto Rico Constitution’s Bill of Rights prohibits "discrimination on the basis of race, color, sex, birth, origin or social status, or political or religious ideas." In Garib Bazain v. Hospital...more
On August 8, 2020, Puerto Rico Governor Hon. Wanda Vázquez Garced signed into law House Bill No. 2424 (“Bill No. 2424”), to amend the Puerto Rico Working Mothers Protection Act, otherwise known as Act 3 of March 13, 1942...more