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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.

Featured documents

• Puerto Rico Enacts New Excise Tax That Impacts U.S. Companies

  A temporary excise tax recently enacted in Puerto Rico will have a significant impact on U.S.-based multinational groups conducting, or considering conducting, manufacturing activities in Puerto Rico. Companies should consider the creditability of the excise tax for U.S. purposes and, even if the...

• 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, they have also...

• Three Observations From the SEC’s Settlements with Thirteen Municipal Dealers Over Below-Denomination Sales of Puerto Rico Bonds

  On November 3, 2014, the SEC announced settlements with thirteen different registered municipal securities dealers in connection with sales of non-investment grade bonds issued by Puerto Rico in 2014. The settlements were based on alleged violations of Section 15B(c)(1) of the Exchange Act, ...

• Puerto Rico: Congress and Supreme Court Shape a Path Towards Financial Recovery

  Puerto Rico’s financial woes have recently been front and center in financial news. Although a recent decision by the U.S. Supreme Court curtailed Puerto Rico’s ability to enact its own legislation to address its debt situation, late last month President Obama signed into law legislation designed...

• Maria – Re-Post of Puerto Rico Claims Checklist

  With the Imminent Arrival of Hurricane Maria in Puerto Rico, we are re-posting our claims checklist for Puerto Rico - Insurers Should Keep in Mind the Following Claim Handling Requirements from the Puerto Rico Insurance Code......

• Puerto Rico Bars Use Of Legitimate Absences In Performance Review, Adds Catastrophic Illness Leave

  Just one year after substantial changes to Puerto Rico employment laws became effective, the Governor has enacted two new sick leave laws. One shields employees from adverse consequences from sick leave use. The other creates a special leave for catastrophic illnesses....

• Puerto Rico Department of the Treasury Announces 2019 Limits on Qualified Retirement Plans

  On December 31, 2018, the Puerto Rico Department of the Treasury (PR Treasury) issued Internal Revenue Informative Bulletin No. 18-24 (IB 18-24) announcing the 2019 applicable limits for Puerto Rico qualified retirement plans. ...

• 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 Senate Approves Bill On Sick Leave, Pay During Cessation Of Operations Because Of COVID-19

  Following declaration of a state of emergency by Puerto Rico Governor Wanda Vázquez due to the Coronavirus (COVID-19) pandemic on March 16, 2020, the Puerto Rico Senate has approved a bill addressing sick leave for private sector employees and requiring employers to pay employees if the employer...

• Puerto Rico Senate Approves Reverting To Pre-2017 Employment Law Reform Sick, Vacation Leave

  The Puerto Rico Senate has approved a bill (Senate Bill 1524) that would reverse some vacation and sick leave provisions relating to private sector employees adopted under the controversial “Labor Transformation and Flexibility Act,” Law No. 4-2017, known as Puerto Rico Employment Law Reform......