News & Analysis as of

Puerto Rico Hiring & Firing

Littler

Puerto Rico Supreme Court Clarifies Employment Claims Inheritance Rights

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In Ruiz Mattei v. Commercial Equipment Finance, Inc., the Supreme Court of Puerto Rico determined that claims under the Unjustified Dismissal Act and the Workplace Discrimination Act are transferable to the employee’s heirs...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

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

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

Littler

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

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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

Jackson Lewis P.C.

Registered And Authorized Medical Cannabis Patients In Puerto Rico Gain Employment Protections

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Registered and authorized patients of medical cannabis in Puerto Rico are considered a protected category for purposes of all employment laws under an amendment to the “Act to Manage the Study, Development and Investigation...more

Morgan Lewis

Puerto Rico House Seeks to Undo Sections of the 2017 Labor Reform

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The Puerto Rico House of Representatives has introduced House Bill 3, which seeks to amend and repeal certain sections of the Labor Transformation and Flexibility Act of 2017, also known as the 2017 Puerto Rico Labor Reform....more

Morgan Lewis

Summary of Reductions in Force by Jurisdiction: Redundancy or Collective Termination Procedures in Applicable Law

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We provide a summary of the legal landscape concerning reductions in force in the following jurisdictions: Argentina, Brazil, Chile, Colombia, Costa Rica, Ecuador, Mexico, Panama, Peru, Puerto Rico, and Uruguay. ...more

Littler

Puerto Rico Supreme Court Holds Plaintiffs Bear the Burden of Clearly Asserting in Their Complaints the Elements of Constructive...

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Constructive discharge is a form of wrongful termination under the Puerto Rico Unjust Dismissal statute, Act No. 80 of May 30, 1976 (“Act 80”). Unlike in traditional wrongful termination cases, plaintiffs alleging...more

Littler

Littler Global Guide - Puerto Rico - Q4 2019

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Employers in Puerto Rico Precluded from Using Credit Reports or Credit History for Employment Actions - New Legislation Enacted - On October 8, 2019, the Governor of Puerto Rico signed into law Act No. 150 of October 8,...more

Seyfarth Shaw LLP

Puerto Rico Enacts Restrictions on Use of Credit History in Employment

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Seyfarth Synopsis: With limited exception, Puerto Rico has joined the growing list of states that preclude an employer or prospective employer from procuring an employee’s or applicant’s credit history and/or taking adverse...more

Littler

Deck the Halls and Pack the Malls: 10 Issues for Seasonal Employee Hiring

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The holiday season is nearly upon us, and the shopping frenzy is about to commence. This annual phenomenon brings the hurried engagement of seasonal employees, with thousands of these retail elves helping manage the increased...more

Jackson Lewis P.C.

New Puerto Rico Law Limits Employers’ Use Of Credit Reports In Employment Decisions

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Puerto Rico has enacted legislation to limit the use of credit reports in making employment decisions. An “Act to Protect Employee’s Credit Information” (PR Act. No. 150 of October 8, 2019) prohibits employers from...more

Littler

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

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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 Supreme Court Holds Act 2’s Counterclaim Bar Does Not Preclude Employer’s Independent Suit

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Act No. 2 of October 17, 1961 (Act 2) created a procedural process for the expeditious adjudication of employment claims in Puerto Rico. Among other ways to streamline the process, Act 2 bars the employer from filing a...more

Littler

Littler Global Guide - Puerto Rico - Q2 2019

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An Employee’s Felony Indictment Constitutes Just Cause for Termination - Precedential Decision by Judiciary or Regulatory Agency - On April 25, 2019, the Puerto Rico Supreme Court held that a felony indictment...more

Littler

Guidelines on the Interpretation of Puerto Rico’s Employment Legislation, Chapters 9 and 10

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As we have previously discussed, the Puerto Rico Department of Labor (PR DOL) recently published the first edition of its Guidelines on the Interpretation of Puerto Rico’s Employment Legislation (Guidelines), which includes...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

Littler

Puerto Rico Supreme Court Holds that an Employee’s Felony Indictment Constitutes Just Cause for Termination

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The Puerto Rico Supreme Court (PRSC) recently held that that a felony indictment constitutes just cause for termination under Puerto Rico’s Unjust Dismissal statute, Act No. 80 of May 30, 1976 (Act 80)....more

Jackson Lewis P.C.

Puerto Rico Revises Form For Reporting Payments To Terminated Employees, Considers Credit History Ban

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The Puerto Rico Department of the Treasury has announced changes to tax reporting for certain severance payments. As a result of the Labor Transformation and Flexibility Act (Act 4-2017), adopted in 2017, certain limited...more

Pullman & Comley, LLC

ALERT - CT Legislative Update

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The 2018 Regular Session of the Connecticut General Assembly passed bills that, among other things: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at reducing and rescinding...more

Jackson Lewis P.C.

Employment-At-Will Comes To Puerto Rico?

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Puerto Rico’s Financial Oversight and Management Board and Governor Ricardo Rosselló have sent bills to the Puerto Rico legislature to repeal the Unjust Dismissal Act, Act No. 80 of May 30, 1976 (Act 80). If either bill is...more

Littler

Employment Law Reform in Puerto Rico: Take Two

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Last month, we reported that the Governor of Puerto Rico announced his “Initiative to Reform the Labor Force,” which would have created significant employment law changes to increase the employment participation rate on 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

FordHarrison

Emerging Laws Prohibit Employers from Inquiring About Past Pay Histories

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Subject to limited exceptions, federal, state, and local laws already require employers to pay men and women equally for doing similar work under similar working conditions. In another important effort to narrow the gender...more

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