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
On June 20, 2020, the Governor of Puerto Rico signed Act No. 58-2020, known as the “Puerto Rico Electoral Code of 2020” (“the Electoral Code”). In general terms, the Electoral Code establishes the new rules, regulations, and guidelines for the participation of the citizens of Puerto Rico in the electoral process. Section 5.1 of the … Continued
On September 11, 2020, Governor Vázquez signed Administrative Bulletin No. OE-2020-068 to order the Secretary of the Puerto Rico Department of Labor and Human Resources (PRDOL) to disregard and abstain from charging employers’ Unemployment Insurance (“UI”) reserve account for the benefits paid for unemployment claims as a result of the COVID-19 pandemic beginning on March … Continued
On August 20, 2020, the Governor of Puerto Rico signed Executive Order No. OE-2020-062 to implement additional restrictions to combat the spread of Covid-19 in Puerto Rico (OE-2020-062). As it pertains to employers, OE-2020-062 provides that employers must continue to comply with the Plan submitted to the PROSHA division of the Puerto Rico Department of … Continued
On August 7, 2020, Puerto Rico Governor Wanda Vázquez-Garced signed into law House Bill 306, known as the “Act to Prohibit and Prevent Workplace Harassment in Puerto Rico” (hereinafter “Act 90-2020 or “the Act”). House Bill 306, which faced staunch opposition from the private sector, was originally introduced in January of 2017, but had been … Continued
Newly released guidance from the U.S. Equal Employment Opportunity Commission (EEOC) addressed questions related to COVID-19 and the Americans Disabilities Act (ADA), the Rehabilitation Act and other equal employment opportunity laws, which include the requirement for reasonable accommodation and non-discrimination based on disability, and rules about employer medical examinations and inquiries. In general terms, the … Continued
