News & Analysis as of

Puerto Rico Corporate Counsel

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...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

Jackson Lewis P.C.

Major Rollbacks to Puerto Rico 2017 Employment Law Reform Loom on the Horizon

Jackson Lewis P.C. on

Months after its introduction, a proposal to reverse portions of the 2017 employment reform law sits on Puerto Rico Governor Pedro Pierluisi’s desk. By March 5, 2022, Governor Pierluisi must decide whether to veto House Bill...more

Littler

Puerto Rico Imposes Additional COVID-19 Restrictions and Vaccine Booster Mandates on Private Sector Employers

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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

Jackson Lewis P.C.

Puerto Rico Starts On The Path To Reopening, Requires Employers To Certify Exposure Control Plan

Jackson Lewis P.C. on

On May 1, the Governor of Puerto Rico issued Executive Order 2020-038 (the Order) effectively extending the existing lockdown order but expanding the scope of services and businesses exempt from limitations on business...more

Littler

Employees’ Compensation Following the Earthquake Situation in Puerto Rico

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Since late December 2019, a series of earthquakes and aftershocks have struck the southwest region of Puerto Rico, causing many structures to collapse or to sustain severe structural damage. Intermittent electrical service,...more

Littler

New Legislation Precludes Employers in Puerto Rico from Using Credit Reports or Credit History to Take Employment Actions

Littler on

On October 8, 2019, the Governor of Puerto Rico signed into law Act No. 150 of October 8, 2019 (“Act 150” or “the Act”), which prohibits employers from, among other actions, verifying or investigating credit history or credit...more

Littler

Puerto Rico Enacts Law Providing Unpaid Leave and Reasonable Accommodation for Victims of Abuse

Littler on

On August 1, 2019, just a day prior to his resignation as Governor of Puerto Rico, Ricardo Rosselló signed into law Act No. 83 of August 1, 2019 (“Act 83” or “the Act”), a very detailed leave statute applicable to public and...more

Jackson Lewis P.C.

Puerto Rico Enacts Leave For Victims Of Domestic Violence, Sexual Harassment And Assault

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Employees in Puerto Rico may take up to 15 days of unpaid leave each calendar year to address situations related to domestic or gender-based violence, child abuse, sexual harassment in employment, sexual assault, lewd acts,...more

Littler

Puerto Rico DOL Issues Guidance on Law Prohibiting Sexual Orientation and Gender Identity Discrimination

Littler on

On May 2019, the Puerto Rico Department of Labor (PRDOL) revised and updated its Protocol on Sexual Orientation and Gender Identity Discrimination pursuant to Act No. 22 of 2013 (Protocol)....more

Littler

Puerto Rico Supreme Court Holds Arbitration Clauses in Employment Contracts—Including Those Governing Unjust Dismissal Claims—are...

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The Puerto Rico Supreme Court (PRSC) recently issued an opinion in José Méndez et al v. Carso Construction, 2019 TSPR 19 (May 22, 2019), validating an arbitration clause that covers a claim under the Puerto Rico Unjust...more

Jackson Lewis P.C.

Puerto Rico Department Of Labor Issues First Comprehensive Guidelines On Employment Laws

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On May 8, 2019, the Secretary of the Puerto Rico Department of Labor (hereinafter, “PR-DOL”) issued the first edition of the “Guidelines for the Interpretation of Puerto Rico’s Employment Legislation” (hereinafter, the...more

Littler

Puerto Rico Governor Announces Proposed Plan to Revamp the Labor Force

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On March 21, 2018, the Governor of Puerto Rico announced his “Initiative to Reform the Labor Force,” with the express goal of increasing the employment rate. ...more

Littler

Puerto Rico Supreme Court Sets Standard to Apply the Successor Liability Doctrine

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The Puerto Rico Supreme Court (“PRSC”) recently issued an Opinion in the case of Roldán Flores v. M. Cuebas, 2018 TSPR 18, 199 D.P.R. __ (Feb. 6, 2018), in which it addressed again the requirements for applying the “successor...more

Littler

New Act in Puerto Rico Establishes a Special Paid Leave for Employees Suffering from Catastrophic Illnesses

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The Governor of Puerto Rico recently signed into law Act No. 28 (“Act 28”), entitling all employees, including temporary employees, to take up to six days of paid leave per year if they suffer from a “catastrophic illness.”...more

Littler

Puerto Rico Secretary of Labor Issues Opinion Regarding Employee Compensation Following Hurricanes Irma and María

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On October 17, 2017, the Puerto Rico Secretary of Labor and Human Resources (Secretary) issued Opinion No. 2017-001 (Opinion) regarding the compensation of exempt and non-exempt private sector employees for workdays...more

Littler

Puerto Rico Employers Brace for New Right to Religious Freedom Accommodation Requests

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Earlier this year, the Governor of Puerto Rico signed into law the Labor Transformation and Flexibility Act (“the Act”). While the Act makes substantial changes to virtually all existing Puerto Rico employment laws, it also...more

Littler

Puerto Rico Adopts Local Equal Pay Act

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On March 8, 2017, Puerto Rico enacted Act 16, creating the Puerto Rico Equal Pay Act ("PR Equal Pay Act" or "the Act"). The law's stated intent is to eradicate the pay difference between female and male employees. To that...more

Morgan Lewis

Open for Business: Puerto Rico Enacts Sweeping Labor Reform

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Employer-friendly revisions to attract new businesses and facilitate operations for existing enterprises signals a new era of labor flexibility in Puerto Rico. On January 26, 2017, weeks after being sworn in as the...more

Sullivan & Worcester

Congress Poised to Extend Investment Company Act to U.S. Territories

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Congress is poised to eliminate the exemption in the Investment Company Act of 1940 (the 1940 Act) for investment companies located in Puerto Rico, the Virgin Islands, and other U.S. possessions. The 1940 Act governs...more

Littler

New DOL "White Collar" Overtime Exemptions Rule to be Put on Hold in Puerto Rico Under PROMESA

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On June 30, 2016, President Obama signed the Puerto Rico Oversight, Management, and Economic Stability Act (S. 2328), commonly known as “PROMESA.” This measure, which was enacted with bipartisan support, effectively delays...more

Littler

Application of New DOL Overtime Rule to Puerto Rico

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On May 18, 2016, the U.S. Department of Labor, Wage and Hour Division, announced the final changes to the regulations that govern the “white collar” overtime exemptions to the Fair Labor Standards Act (“FLSA”). It remains to...more

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

The High Costs of Violating Puerto Rico’s Breastfeeding in the Workplace Law: Supreme Court Decides Right to Privacy Claim

Protections for breastfeeding employees in Puerto Rico just became even stronger. A recent ruling from Puerto Rico’s highest court in Siaca v. Bahía Beach Resort & Golf Club, LLC, held that failing to provide a safe, private,...more

Littler

Puerto Rico Supreme Court: Failure to Provide Safe, Private and Hygienic Area for Breastfeeding in the Workplace May Violate...

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On January 25, 2016, the Supreme Court of Puerto Rico held that employers in Puerto Rico should provide a safe, private, and hygienic place for working nursing mothers to extract breast milk during the nursing period as...more

Mintz - Employment, Labor & Benefits...

First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency. The case,...more

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