JD Supra Puerto Rico

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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

• In the Money – Puerto Rico Me Encanta! Puerto Rican Hedge Funds

  Overview - Every financial media outlet (including Bloomberg and the Wall Street Journal) in the last several weeks has run an article on the possibility of billionaire hedge fund manager becoming a Puerto Rican resident. Having grown up in the Panama Canal Zone, and being a double major in...

• Legislative Trial Balloon for Puerto Rico Public Corporation Insolvency Process Attracts Bondholder Attention

  Last Tuesday, Puerto Rico sold its much ballyhooed $3.5 billion in non-investment grade general obligation bonds. Two days later, two legislators in Puerto Rico’s Senate filed a bill which, if enacted, would permit insolvency filings by Puerto Rico’s public corporations in Puerto Rico’s...

• First Circuit Hears Oral Arguments on Validity of Puerto Rico’s Recovery Act

  A few reactions to today’s oral arguments before the U.S. Court of Appeals for the First Circuit regarding the validity of Puerto Rico’s Recovery Act......

• Puerto Rico Employers Cannot Withhold Income Taxes for Christmas Bonuses of $600 or Less

  Pursuant to the current income tax withholding rules issued by the Puerto Rico Department of the Treasury, there are specific income tax withholding rules applicable when a Christmas bonus is paid, which differ from those applicable to regular wages....

• Hurricane Maria's Aftermath: Highlights of Available Government Assistance for Puerto Rico Residents

  On September 20, 2017, Puerto Rico suffered the catastrophic impact of Hurricane Maria, which savaged the Island, taking down all communications systems, severely damaging or completely destroying many homes and roads, and causing a disastrous impact on the Island’s vegetation and agriculture. ...

• Maria, Where Are The Claims?

  In the six months since Hurricane Maria devastated Puerto Rico, much progress has been made. Water service has been restored to 99% of the island and electricity to 93%. Of the total losses in the Caribbean from Maria, about 85% are in Puerto Rico, which the local government estimates at $100...

• Puerto Rico DOL Announces that Employers Must Submit Unemployment Tax Returns Electronically

  On March 14, 2019, the Puerto Rico Department of Labor and Human Resources (PR DOL) issued a press release announcing that in an effort to improve services and reduce public expenses, all employers will be required to submit their unemployment tax returns electronically starting April 1, 2019. ...

• Employees’ Compensation Following the Earthquake Situation in Puerto Rico

  Since late December 2019, a series of earthquakes and aftershocks have struck the southwest region of Puerto Rico, causing many structures to collapse or to sustain severe structural damage. Intermittent electrical service, particularly in the southwest region, has also occurred....

• Federal COVID-19 Emergency Paid Leave Rules Apply in Puerto Rico - But With Unique Tax Aspects

  Employers with Puerto Rico operations should be aware that, with some minor income tax-related twists, the emergency paid leave provisions of the recently enacted the Families First Coronavirus Response Act (FFCRA) equally apply in Puerto Rico. Generally, the FFCRA requires private employers...

• Puerto Rico’s Taxation of Severance Payments

  Employers considering reductions in force in Puerto Rico should be aware that the rules on the taxation of severance pay in the United States and Puerto Rico are different. The U.S. rule is straightforward: severance pay is always taxed as wages. Therefore, as the Internal Revenue Service (IRS)...