On August 30, 2023, the U.S. Department of Labor (“DOL”) announced issuance of a Notice of Proposed Rulemaking (“NPRM”) to update and revise the regulation issued under section 13(a)(1) of the Fair Labor Standards Act (“FLSA”) implementing the exemption for minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees. … Continued

The Pregnant Workers Fairness Act (“PWFA”), signed into law by President Joe Biden on December 27th, 2022, became effective this past July 27th. The PWFA expands and builds upon the existing protections against pregnancy discrimination under Title VII of the Civil Rights Act (“Title VII”) and the reasonable accommodation requirements under the Americans with Disabilities … Continued

A. The Federal Trade Commission (FTC) proposes rule to ban non-compete covenants and/or agreements Earlier this month the FTC published for public opinion a new proposed rule to ban employers from requiring non-compete clauses from their workers. The proposed rule is based on findings that a non-compete clause constitutes an unfair method of competition and … Continued

On June 20, 2022, Governor Pedro Pierluisi signed into law Act No. 41-2022 (hereinafter, Act No. 41) which amended various employment statutes including the Puerto Rico Christmas Bonus for Private Workers and Employees Act, Act No. 148 of June 30, 1969, as amended (hereinafter, Act. No. 148).[1] Succinctly, Act No. 148 requires private employers to … Continued

On October 28th, 2022, the PRDOL published a model protocol to prevent and address sexual harassment complaints in the workplace. You can access the PRDOL’s model protocol here. This model protocol was prepared and disseminated by the PRDOL in response to a recent amendment to Act No. 17 of April 22, 1988 (“Act No. 17”), … Continued

Despite opposition from the Financial Oversight and Management Board (“Oversight Board”), Governor Pedro Pierluisi recently signed into law House Bill No. 1244, Act No. 41-2022 (“Act No. 41”) which amends various employment statutes and partially repeals the Labor Transformation and Flexibilization Act, (Act No. 4-2017 or Labor Reform of 2017). While only time will tell … Continued

On September 21, 2021, the Governor of Puerto Rico Pedro Pierluisi signed into law House Bill 338 which establishes the “Puerto Rico Minimum Wage Act” (hereinafter, Act No. 47). Said law declares as the public policy of the Commonwealth of Puerto Rico to adapt the minimum wage to the cost of living of Puerto Rican … Continued

On February 3, 2021, the Puerto Rico Department of Labor and Human Resources (hereinafter, the “PRDOL”) approved the Guidelines on Workplace Harassment / Bullying (“Acoso Laboral”) in the Private Sector in Puerto Rico (hereinafter, the “Guidelines”). These Guidelines were adopted in compliance with the mandate included in Article 9 of Act No. 90-2020, known as … Continued

As a result of the signing of the $900 billion pandemic relief bill (hereinafter, the “Relief Bill”) by the President of the United States on December 27, 2020, employers who choose to provide voluntary extension of leave benefits under the Families First Coronavirus Response Act (“FFCRA”) will be entitled to refundable tax credit continuation. Notably, … Continued

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its ongoing COVID-19 guidance, providing answers to several common questions raised by employers with respect to the now-available COVID-19 vaccine. Specifically, the publication provides information to employers and employees about how mandatory COVID-19 vaccination policies interact with the legal requirements of the Americans with … Continued