Jackson Lewis P.C. (JD Supra Puerto Rico)
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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...
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Puerto Rico Health Department Adopts Additional Measures To Manage COVID-19 Pandemic
Additional measures adopted by the Puerto Rico Department of Health to manage the COVID-19 pandemic include administrative fines for noncompliance. Regulation No. 9210 applies to natural persons (visitors and residents), as well as legal entities in Puerto Rico, and went into effect on August 21, 2020...
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New Puerto Rico COVID-19 Order Mandates Health Department Reporting, Sunday Closing
Puerto Rico Governor Wanda Vazquez has signed Executive Order 2020-062 (EO) to extend most of the prior COVID-19 pandemic limitations and restrictions, institute important additional restrictions, set a mandatory Sunday lockdown, and require employers to notify the Puerto Rico Department of Health by email of any employee who is suspected of having COVID-19 or who has tested positive to COVID-19..
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Puerto Rico Working Mothers Act Amended To Provide Additional Adoption Leave For Working Mothers
On August 8, 2020, Wanda Vázquez Garced signed into law an amendment to the Puerto Rico Working Mothers Act. Under the amendment, adoption leave benefits were extended to female employees adopting minors 6 years old or older. Now, these adopting mothers will have a paid leave of 5 weeks...
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Puerto Rico Becomes First Jurisdiction To Adopt Law Against Workplace Bullying
In an unprecedented move and without taking into consideration the mass opposition from the private sector, on August 7, 2020, the Governor of Puerto Rico signed into law House Bill 306 to prohibit workplace bullying. This law goes into effect immediately...
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Puerto Rico’s Anti-Bullying Bill Closer To Enactment
Puerto Rico may become the first jurisdiction to adopt law against workplace bullying. The Puerto Rico Legislature has considered bills on anti-bullying requirements in the workplace over the last decade. None of these bills have become law. That could change soon. Both the House of Representatives and the Senate are considering House Bill 306...
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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...
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Puerto Rico Senate Passes Reasonable Accommodation Bill For Certain Workers During COVID-19 Pandemic
The Puerto Rico Senate has approved unanimously Senate Bill No. 1577 (SB 1577), which seeks to amend Section 9 of Puerto Rico Act No. 44 of July 2, 1985, known as the “Law Prohibiting Discrimination Against Disabled Persons,” to expand its protection and confer certain type of employees the right to a reasonable accommodation in the workplace during the COVID-19 pandemic...
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Puerto Rico State Insurance Fund Clarifies Employer Obligations For Employees Working Remotely
Without requiring employers to make any changes to their relevant, existing workplace policy, on March 18, 2020, the Puerto Rico State Insurance Fund extended coverage to those employees who were sent to work from home due to the COVID-19 pandemic until April 30, 2020, or up to 10 days after services are restored...
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Puerto Rico Starts On The Path To Reopening, Requires Employers To Certify Exposure Control Plan
On May 1, the Governor of Puerto Rico issued Executive Order 2020-038 (the Order) effectively extending the existing lockdown order but expanding the scope of services and businesses exempt from limitations on business operations. The Order, which takes effect on May 4 and expires on May 25, also obligates employers to certify the existence of a plan to limit employee’s exposure to COVID-19 prior
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Puerto Rico Employers Must Provide Information On Unemployment Benefits Program To Laid Off Workers
Employers in Puerto Rico must provide a model notice to employees in the event of a layoff or reduction in working hours. The Secretary of the Puerto Rico Department of Labor and Human Resources, Briseida Torres-Reyes, issued Circular Letter 2020-02 (only in Spanish) on April 16, 2020...
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Puerto Rico Issues FAQs On Unemployment Benefits During COVID-19 Crisis
The Puerto Rico Department of Labor and Human Resources (PR DOL) has issued FAQs regarding unemployment benefits during the COVID-19 pandemic. The FAQs were issued only in Spanish. Eligibility- Employees who may be eligible to unemployment benefits include:...
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Puerto Rico Issues FAQs On Unemployment Benefits During COVID-19 Crisis
The Puerto Rico Department of Labor and Human Resources (PR DOL) has issued FAQs regarding unemployment benefits during the COVID-19 pandemic. The FAQs were issued only in Spanish. Eligibility- Employees who may be eligible to unemployment benefits include:...
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Puerto Rico Secretary Of Labor Announces New Unemployment Benefits Available For Private Employees
In the wake of the Coronavirus/COVID-19, the Secretary of the Puerto Rico Department of Labor (Secretary) announced today the availability of additional unemployment benefits in Puerto Rico for eligible employees, as well as self-employed workers and independent contractors, due to the enactment of the federal statute known as the Coronavirus Aid, Relief, and Economic Security Act (CARES)...
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Puerto Rico Secretary Of Labor Issues New Opinion On Provisions Applicable To Exempt, Non-Exempt Employees
The Puerto Rico Secretary of Labor and Human Resources, Hon. Briseida Torres-Reyes, has issued Opinion No. 2020-02 on the applicable legal provisions related to exempt and non-exempt employees of the private sector as a result of the coronavirus (COVID-19) emergency...
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Puerto Rico Clarifies Applicability To Private Sector Employers Of Mandatory Lockdown
The Puerto Rico Department of Economic Development and Commerce has issued a clarification on the mandatory lockdown of non-essential commerce in response to employer appeals. On the night of March 17, the Secretary of the Department of Economic Development and Commerce, Hon. Manuel A. J. Laboy-Rivera, issued Circular Letter No. 2020-02, “Applicability of the Close of Operations in the Private
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Puerto Rico Secretary Of Labor Issues Opinion On Employers Obligation During COVID-19 Emergency
The Puerto Rico Secretary of Labor and Human Resources, Hon. Briseida Torres-Reyes, has issued Opinion No. 2020-01 on the applicable legal provisions and measures related to the employer-employee relationship in light of the emergency provoked by the coronavirus (COVID-19)...
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Puerto Rico State Insurance Fund Adopts COVID-19 Emergency Measures For Employers
On March 18, 2020, the Puerto Rico State Insurance Fund Corporation (PR-SIF) adopted additional measures for the benefit of employers in Puerto Rico due to the emergency caused by the coronavirus (COVID-19). The PR-SIF states that the validity of all the policies with an expiration date in the month of March is extended until April 30, 2020...
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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 decides to cease its operations due to the pandemic...
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Puerto Rico Bill To Provide Emergency Leave For Pandemic Illness Revised To Require Paid Leave
The Puerto Rico Senate has revised House Bill 2428 to replace the provision of 20 days of unpaid emergency leave due to diagnosis of a pandemic illness with five days of paid emergency leave. HB 2428 seeks to amend Puerto Rico Law 180-1998, which establishes paid sick and vacation leave benefits to some private sector employees, excluding employees classified as executives, administrators, and
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Puerto Rico Goes On Lockdown, Imposes Mandatory Curfew In Response To Outbreak Of COVID-19
Amid the global spread of Coronavirus (COVID-19), Puerto Rico Governor Wanda Vázquez-Garced has issued Executive Order 2020-023, ordering a drastic lockdown of non-essential commerce and mandatory round-the-clock curfews until March 30, 2020, among other measures targeted toward detaining the spread of COVID-19 in Puerto Rico...
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Puerto Rico Labor Department Publishes Mandatory Posting For Working Women’s Bill Of Rights
Under the Puerto Rico Working Women’s Bill of Rights Act, Law No. 9-2020 (Act 9), employers with at least two employees must post the Bill of Rights in a place accessible to all employees and visitors. The Puerto Rico Department of Labor has published a poster that satisfies the Act 9’s requirements that employers may use...
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Puerto Rico Senate Considers Unpaid Emergency Leave For Pandemic Illness
Following the outbreak of the Coronavirus (COVID-19) and the World Health Organization’s declaration of a pandemic, on March 12, 2020, the Puerto Rico House of Representatives approved House Bill 2428 to establish a new unpaid emergency leave of 20 days for employees with a suspected or actual diagnosis of a pandemic illness...
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New Puerto Rico Law Limits Employers’ Use Of Credit Reports In Employment Decisions
Puerto Rico has enacted legislation to limit the use of credit reports in making employment decisions. An “Act to Protect Employee’s Credit Information” (PR Act. No. 150 of October 8, 2019) prohibits employers from refusing to hire, dismissing, or otherwise discriminating against an employee or applicant because of the information in a credit report or on account of the employee’s credit...
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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.
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Puerto Rico Revises Form For Reporting Payments To Terminated Employees, Considers Credit History Ban
The Puerto Rico Department of the Treasury has announced changes to tax reporting for certain severance payments. As a result of the Labor Transformation and Flexibility Act (Act 4-2017), adopted in 2017, certain limited payments made by an employer to an employee due to separation of employment are classified as “exempt income” under the Puerto Rico Internal Revenue Code.
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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.
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Puerto Rico Enacts Equal Pay Law, Prohibits Employers from Inquiring about Past Salary History
Almost two months after signing sweeping employment law reform, Governor Ricardo Rosselló has signed Puerto Rico Act No. 16 of March 8, 2017, known as the “Puerto Rico Equal Pay Act.” Act 16 is effective immediately.
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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 House of Representatives approved the Act, House Bill 453 (HB 453). The Senate approved on January 19, 2017,...
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Top Eight Guidelines to Litigate Employment Claims under Puerto Rico’s Unique Summary Proceeding
A litigation trap that can ensnare unwary employers who may be sued in the Commonwealth of Puerto Rico is a piece of employment legislation that allows expedited proceedings: Law No. 2 of October 17, 1961 (“Law No. 2”), as amended, known as the “Law for the Summary Proceeding of Employment Claims.”