JD Supra Puerto Rico

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Latest documents

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

  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 private employers.

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

  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 counterclaim against the employee.

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

  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, or felony stalking under a new law. The new “Special Leave” is in addition to any other leave to which the employee might be entitled under law.

• Littler Global Guide - Puerto Rico - Q2 2019

  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 constitutes conduct severe enough for a just-cause termination under Puerto Rico’s Unjust Dismissal statute, Act No 80 of May 30, 1976 (Act 80).

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

  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 the PR DOL’s official statutory interpretation of nearly all of Puerto Rico’s employment laws.

• Puerto Rico Update: Evolving Renewable Generation Plans

  Nearly two years following hurricanes Irma and Maria, challenges remain as Puerto Rico seeks to develop a cleaner and more resilient power grid. In November 2018, we discussed the evolving renewable energy situation in Puerto Rico as proposals for 100% renewable generation appeared stalled in its legislature. Half a year later, Puerto Rico has passed a new law that calls for implementing aggressive renewable energy goals.

• Guidelines on the Interpretation of Puerto Rico’s Employment Legislation, Chapters 6 and 8

  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 the PR DOL’s official statutory interpretation of nearly all of Puerto Rico’s employment laws.

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

  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).

• Guidelines on the Interpretation of Puerto Rico’s Employment Legislation, Chapters 4, 5 and 7

  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 the PR DOL’s official statutory interpretation of nearly all of Puerto Rico’s employment laws. 

• Puerto Rico Supreme Court Holds Arbitration Clauses in Employment Contracts—Including Those Governing Unjust Dismissal Claims—are Valid and Enforceable

  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 Dismissal statute, Local Act No. 80 of May 30, 1976 (Act 80).

Featured documents

• PBGC Withdraws Two Territorial Coverage Opinion Letters Impacting Puerto Rican Plans

  The status of PBGC coverage for Puerto Rico defined benefit plans is one that has been the subject of review and analysis by the PBGC for quite some time. Most recently, on April 19, 2013, the PBGC withdrew two older opinion letters (Opinion Letters 77-172 and 85-19), which addressed whether...

• The Boricua Option – The Taxation of Incentive Stock Options (ISOs) as a Puerto Rican Resident - Another Good Reason to Move to La Isla del Encanto

  Overview -
 
 
 
 Many professional living and working in Silicon Valley over the last twenty years have become very wealthy as a result of their participation in company stock options plans – qualified and non-qualified. While these high tech professionals have made a lot of money, ...

• Puerto Rico Bonds: Legislation and Litigation

  For municipal bond investors and insurers, recent events in Puerto Rico have become a major concern. Puerto Rico has tried to address its mounting debt crisis by enacting legislation that would create, in effect, a quasi-bankruptcy court to provide restructuring relief for certain public...

• Puerto Rico Debt Recovery Act Ruled Unconstitutional1

  On Friday February 6, the Puerto Rico Federal District Court ruled the Debt Enforcement and Recovery Act (the “Recovery Act”) unconstitutional. Franklin Calif. Tax-Free Trust, et al. v. Comm. Of Puerto Rico et al., (D.P.R., Feb. 6, 20150)(Case No. 3:14-cv 01518- FAB). 

 

 The...

• Draft Treasury Legislation Would Give Puerto Rico Access to “Super Chapter 9” and Chapter 9 Bankruptcy

  A draft of the U.S. Treasury’s proposed debt restructuring legislation began circulating earlier today. The draft legislation would give Puerto Rico, as well as other U.S. territories, and their municipalities access to U.S. bankruptcy court under a new chapter of the U.S. Bankruptcy Code (so-calle...

• Top 20 Things You Should Know About the Proposed Puerto Rico Employment Law Reform

  Under a new government administration, Puerto Rico employment laws will undergo the most significant transformation in decades with the expected enactment of the “Labor Transformation and Flexibility Act.”

 

 In an unprecedented but anticipated move, on January 14, 2017, the...

• Puerto Rico Files for Bankruptcy: New York Judge to Hear Case

  On May 3, 2017, the Financial Oversight and Management Board for Puerto Rico filed a voluntary petition for relief on behalf of Puerto Rico in federal court there. The filing required the Chief Justice of the United States to designate a district court judge to conduct the case. On May 5, Chief...

• Puerto Rico Secretary of Labor and Human Resources Issues New Guidelines Governing Payment of the Christmas Bonus

  The Secretary of the Puerto Rico Department of Labor and Human Resources (“PR DOL”) has issued a new regulation, effective October 18, 2017, to administer Puerto Rico’s Christmas Bonus Law, Act. No. 148 of June 30, 1969. The new regulation, which supersedes all prior regulations on the subject,...

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

  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.”...

• Littler Global Guide - Puerto Rico - Q2 2018

  Guidance on the Federal Employee Retention Benefit for Certain Employers Affected by Hurricane Irma and María -
 
 New Regulation or Official Guidance -
 
 The Puerto Rico Department of the Treasury issued Internal Revenue Circular Letter No. 18-11 establishing the eligibility...