JD Supra Puerto Rico

JD Supra
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Latest documents

  • Puerto Rico Governor Issues Executive Order Relaxing COVID-19 Restrictions

    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 Order expands the maximum capacity limits for establishments and relaxes mask requirements for fully vaccinated individuals.

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

    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. The House held a Public Session for Final Consideration on April 27, 2021 where it sought input from…

  • Quarantine and Isolation Orders in Puerto Rico’s Executive Orders from March 2020 to April 2021

    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 requirements and recommendations.

  • Puerto Rico Issues Guidance For Nursing Rooms In Workplace

    The Puerto Rico Women’s Advocate Office has published Guidelines for the Establishment of Nursing Rooms with the purpose of ensuring uniformity and setting forth all aspects employers should consider when establishing a nursing room in the workplace...

  • Puerto Rico’s New Guidelines on Workplace Harassment/Bullying Clarify Protocols for Employers

    The Puerto Rico Department of Labor recently released guidelines on Law 90-2020, which seeks to prohibit workplace harassment and bullying, whether or not tied to a protected category.

  • The Women’s Advocate Office of Puerto Rico Publishes Guidelines on Lactation Room Standards

    On February 11, 2021, the Women’s Advocate Office (WAO) published Guidelines on the Acclimatization of Lactation Rooms (Guidelines), which apply to both public- and private-sector employers.

  • Puerto Rico Government Plan-to-Private Plan Rollovers Allowed

    On January 20, 2021, the Puerto Rico Department of the Treasury (Departamento de Hacienda, commonly known as “Hacienda”) issued Administrative Determination No. 21-01 (AD 21-01), which provides that lump-sum distributions from the retirement plan for Puerto Rico government employees are eligible for direct and indirect rollovers into Puerto Rico–qualified retirement plans maintained by private-sector employers. In practice, however, this determination is unlikely to have much of an impact on the operation of private-sector employer plans.

  • Dealing With Missing Participants in Terminating Puerto Rico 401(k) Plans

    For a host of legal and practical reasons, the only feasible alternative for disposing of the accounts of missing participants in a terminating 401(k) or other defined contribution retirement plan qualified only in Puerto Rico (commonly known as a “P.R.-only plan”) is, after making reasonable efforts to locate the missing participants, depositing with the proper state unclaimed property fund(s) the retirement money of those participants who cannot be located. Sending the money to the Pension Benefit Guaranty Corporation (PBGC), completing direct rollovers into individual retirement accounts or annuities (IRA), and opening bank accounts for the missing participants generally are not viable options.

  • Do Not Take a Shot in the Dark: Important Considerations for Puerto Rico Employers Eyeing Mandatory COVID-19 Vaccination Programs

    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. Nevertheless, a glint of hope flashes within the gloom of the COVID-19 pandemic: Operation Warp Speed, a partnership program between the public and private sectors to develop, produce, and mass distribute a COVID vaccine.

  • Puerto Rico: A Testing Dilemma in Returning to Work Scenarios and the Governor’s Most Recent Executive Order

    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 out according to current CDC guidelines. A case-by-case analysis should therefore be performed taking into consideration the particularities of each workplace and the circumstances surrounding the employee.

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