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
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
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
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
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
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 August 7, 2020, the Governor of Puerto Rico, Hon. Wanda Vázquez Garced, signed into law the “Act to Prohibit and Prevent Workplace Harassment in Puerto Rico,” previously known as House Bill No. 306....more
As Puerto Rico starts to reopen, the government is placing much of the burden to stop the spread of COVID-19 on employers. On May 1, 2020, Puerto Rico Secretary of Labor Hon. Briseida Torres Reyes issued Opinion Letter...more
On April 15, 2020, Puerto Rico’s Secretary of the Department of Labor and Human Resources issued guidance discussing the basic elements employers are required to include in their plans to limit employee exposure to COVID-19...more
On March 13, 2020, Puerto Rico’s Department of Labor and Human Resources’ Secretary, Hon. Briseida Torres Reyes, issued Opinion 2020-21 discussing statutory rights and other applicable measures in light of the coronavirus...more
3/17/2020
/ Anti-Discrimination Policies ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Sick Leave ,
Workplace Safety
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
7/17/2019
/ Caregivers ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Felonies ,
Gender Identity ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
New Regulations ,
Puerto Rico ,
Reasonable Accommodation ,
Religious Accommodation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Wage and Hour
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
6/11/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Enforceability ,
Hiring & Firing ,
Puerto Rico ,
Supreme Court of Puerto Rico ,
Unfair Dismissal
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
5/8/2019
/ Appeals ,
Burden of Proof ,
Criminal Prosecution ,
Employee Handbooks ,
Employer Liability Issues ,
Felonies ,
Hiring & Firing ,
Just Cause ,
Puerto Rico ,
Summary Judgment ,
Supreme Court of Puerto Rico