Littler (JD Supra Puerto Rico)
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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.
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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.
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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.
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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,...
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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...
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Puerto Rico: Pandemic Assistance Packages and their Effect on Christmas Bonus Exemption for Private Employers
On November 16, 2020, the Puerto Rico Department of Labor and Human Resources (“PR DOL”) issued Circular Letter No. 2020-05, discussing considerations for private sector employers when requesting an exemption from paying the Christmas Bonus to their employees where the employer received COVID-19-related economic assistance.
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Supreme Court of Puerto Rico Rules “Ex-Offender” is not a Protected Category
Article II, Section 1, of the Puerto Rico Constitution’s Bill of Rights prohibits "discrimination on the basis of race, color, sex, birth, origin or social status, or political or religious ideas." In Garib Bazain v. Hospital Espanol Auxilio Mutuo de Puerto Rico, 2020 TSPR 69, the Supreme Court of Puerto Rico considered whether a person's prior conviction is a protected classification under the...
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Puerto Rico’s New Electoral Code Creates Two Hours of Paid Voting Leave
Puerto Rico Governor Wanda Vázquez recently signed into law Puerto Rico’s new Electoral Code, Act No. 58 of June 20, 2020 (Act No. 54-2020). The Electoral Code includes noteworthy changes to employees’ voting rights.
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Puerto Rico Enacts Law Extending Maternity Leave to Mothers Adopting Children Ages Six and Older
On August 8, 2020, Puerto Rico Governor Hon. Wanda Vázquez Garced signed into law House Bill No. 2424 (“Bill No. 2424”), to amend the Puerto Rico Working Mothers Protection Act, otherwise known as Act 3 of March 13, 1942 (“Act No. 3-1942”). The purpose of Bill No. 2424 is to extend the right to maternity leave to working mothers who adopt children six years of age and older.
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Puerto Rico Enacts Law on Workplace Harassment
On August 7, 2020, the Governor of Puerto Rico, Hon. Wanda Vázquez Garced, signed into law the “Act to Prohibit and Prevent Workplace Harassment in Puerto Rico,” previously known as House Bill No. 306.
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Puerto Rico State Insurance Corporation Issues 2020-2121 Risk Classification Manual with Important Modifications
On July 1, 2020, the Puerto Rico State Insurance Fund Corporation (“SIF”) announced the automatic extension of the deadline for employers to file the Payroll Statement for fiscal year 2020-2021, from July 20 to August 4, 2020. The SIF is the government agency that provides workers’ compensation benefits in Puerto Rico.
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Employers in Puerto Rico: Don’t forget to renew your Workers’ Compensation Insurance Policy
Act No. 45 of April 18, 1935, known as the Puerto Rico Compensation System for Work-Related Accidents Act (Act 45), establishes that every employer must secure compulsory insurance to cover their employees’ work-related accidents or illnesses.
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Puerto Rico Enacts Law Designating COVID-19 as a Work-Related Condition for Workers’ Compensation Purposes
On June 1, 2020, Puerto Rico Governor Hon. Wanda Vázquez-Garced signed into law Act No. 56-2020, amending the Puerto Rico Workers' Accident Compensation Act (Act No. 45-1935) to extend workers’ compensation insurance coverage to certain employees who get infected with COVID-19 while performing their duties.
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Puerto Rico Governor Signs New Civil Code
On June 1, 2020, the Governor of Puerto Rico, Hon. Wanda Vázquez-Garced, signed into law Puerto Rico’s new Civil Code. Some of these changes could impact employment-related contracts, although the extent of this impact is not yet known, and will likely be clarified through legislative guidance in the coming days or weeks.
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Governor of Puerto Rico Extends Curfew and Expands List of Businesses Allowed to Reopen
As part of the ongoing plan to restart Puerto Rico’s economy, on May 21, 2020, Puerto Rico Governor Hon. Wanda Vazquez-Garced issued Executive Order 2020-041 (“EO” or the “Order”). Among other things, the Order, which takes effect on May 26, 2020, expands the list of businesses and commercial activities that were allowed to reopen pursuant to the prior Executive Order issued on May 4, 2020.
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Puerto Rico: Breach of Contract Claims in the COVID-19 Age and the “Force Majeure” Defense: Considerations for Employers
The term “force majeure” takes us on a trip down memory lane to the law school classroom where our contracts professor spoke of antiquated doctrines of limited practical use. Or so we thought. As the COVID-19 outbreak continues to wreak havoc on industries and businesses around the world, disputes regarding breaches of contractual obligations are likely to increase.
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Puerto Rico: Deadline to File Qualification Amendments are Extended due to COVID-19 Lockdown
To combat exposure to COVID-19, Puerto Rico Governor Wanda Vázquez Garced issued Executive Order EO-2020-023 on March 15, 2020, ordering an island-wide lockdown and curfew. The restrictions have been extended several times. Executive Order EO-2020-038 issued on May 1 extended the curfew in place until May 25, 2020, while relaxing some lockdown measures and allowing…
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Puerto Rico’s Secretary of Labor Issues Guidance on New Employer Requirements to File Auto-Certification and Adopt COVID-19 Exposure Control Plans
As Puerto Rico starts to reopen, the government is placing much of the burden to stop the spread of COVID-19 on employers. On May 1, 2020, Puerto Rico Secretary of Labor Hon. Briseida Torres Reyes issued Opinion Letter 2020-03 (OL 2020-03) to implement Executive Order 2020-38 (EO 2020-38), which eases some of the current business closure measures. Among other things, EO 2020-38 requires employers
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Puerto Rico Employers Must Now Inform Employees Who Have Been Laid Off, Furloughed or Experience a Reduction in Hours the Right to Request Unemployment Benefits
Puerto Rico’s Department of Labor and Human Resources has issued Circular Letter 2020-02 (CC 2020-02) providing that, effective immediately, any private employer that lays off or reduces employees’ regular working hours is required to notify them of the benefits available under the Unemployment Insurance Program.
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Puerto Rico Supreme Court Holds Plaintiffs Bear the Burden of Clearly Asserting in Their Complaints the Elements of Constructive Discharge Claims
Constructive discharge is a form of wrongful termination under the Puerto Rico Unjust Dismissal statute, Act No. 80 of May 30, 1976 (“Act 80”). Unlike in traditional wrongful termination cases, plaintiffs alleging constructive discharge bear the burden of proof in establishing that the employer forced them to resign.
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Puerto Rico Enacts Law Creating Special Paid Leave for Non-Exempt Employees in the Private Sector
On April 9, 2020, in response to the COVID-19 pandemic, Puerto Rico Governor Hon. Wanda Vázquez-Garced signed into law House Bill No. 2428 (“Bill No. 2428”), now Act No. 37-2020, to amend the Puerto Rico Minimum Salary, Vacation and Sick Leave Act, otherwise known as Act 180-1998.
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Puerto Rico’s Secretary of Labor and Human Resources Issues Guidance Requiring Employers to Adopt Plans to Control Employee Exposure to COVID-19 in the Workplace
On April 15, 2020, Puerto Rico’s Secretary of the Department of Labor and Human Resources issued guidance discussing the basic elements employers are required to include in their plans to limit employee exposure to COVID-19 in compliance with Puerto Rico’s Safety and Health in Employment Act (PROSHA).
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Puerto Rico Extends Lockdown and Curfew, Imposes Additional Restrictions
On March 30, 2020, following the recommendations of the Medical Task Force convened to address the COVID-19 pandemic, Puerto Rico Governor Hon. Wanda Vazquez-Garced issued two additional executive orders to help contain the virus.
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Puerto Rico Treasury Department Extends Tax Exemptions for COVID-19 Employer-Provided Payments and Amends Rules for Qualified Retirement Plan and IRA Distributions
Pursuant to the State of Emergency declared by Puerto Rico Governor Hon. Wanda Vázquez-Garced on March 12, 2020 in connection with the COVID-19 pandemic, and the Executive Order 2020-023 she issued shortly thereafter, most businesses in Puerto Rico have been closed since 6:00 p.m. on March 14, 2020, and unless the restrictions are again extended, will remain closed until April 12, 2020.
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U.S. DOL Issues Additional Questions and Answers on the FFCRA which Directly Impact Puerto Rico Employers
On March 26, 2020, the United States Department of Labor (DOL) issued additional questions and answers (Q&As) that further explain employer and employee rights and responsibilities under the federal Families First Coronavirus Response Act (FFCRA).
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Puerto Rico Transportation Bureau Issues Additional Guidance on COVID-Related Shutdown and Curfew
On March 17, 2020, Luis D. García Fraga, Chief Commissioner of Puerto Rico’s Transportation and Other Public Services Bureau, issued guidance on Executive Order EO-2020-23 (EO) and the operations allowed during the lockdown resulting from the COVID-19 emergency crisis.
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The Families First Coronavirus Response Act and its Interplay with Puerto Rico’s Local Provisions Regarding Vacation and Sick Leave
On March 18, 2020, the president signed into law the Families First Coronavirus Response Act (FFCRA). Among other things, the new law provides for paid sick leave and expanded FMLA provisions. The FFCRA takes effect on April 2, 2020, and sunsets on December 31, 2020.
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Puerto Rico Department of Labor Issues New Opinion Regarding Employee Compensation and Available Leaves During the COVID-19 Emergency
On March 23, 2020, the Secretary of the Puerto Rico Department of Labor and Human Resources issued Opinion No. 2020-02 (Opinion 2020-02) discussing provisions applicable to both exempt and non-exempt private-sector employees impacted by the COVID-19-related lockdown imposed by Executive Order No. 2020-023.
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Puerto Rico Government Extends Several Deadlines in Light of COVID-19 Emergency
In light of the State of Emergency declared by Puerto Rico Governor Hon. Wanda Vázquez-Garced, and the closing of most government agencies as a result of Executive Order 2020-023, several employment-related agencies have extended upcoming deadlines.
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Puerto Rico Agencies Issue Guidance Clarifying Executive Order on COVID-19 Shutdown and Curfew Measures
In the wake of Governor Wanda Vázquez-Garced’s March 15, 2020 Executive Order (EO 2020-023) enacted to facilitate the private and public closings necessary to combat the effects of the coronavirus (COVID-19) and control the risk of contagion, there has been much confusion within the private business sector regarding its scope and exceptions.