Earlier this month (May 8, 2019), the Secretary of the Puerto Rico Department of Labor and Human Resources (“PR-DOL”) issued the first comprehensive “Guidelines for the Interpretation of Puerto Rico’s Employment Legislation” (hereinafter, the “Guidelines”) in an effort to compile in a single publication the PR-DOL’s longstanding interpretations of Puerto Rico’s employment statutes and regulations as well as its new guidance on recent changes to the employment landscape introduced by Act No. 4-2017, known as the Labor Transformation and Flexibility Act or “Labor Reform” and subsequent legislation.¹

Although the Guidelines are not intended to create any substantive or procedural rights, they serve as a uniform source of information regarding the PR-DOL’s interpretation and position with respect to Puerto Rico’s employment legislation. The Guidelines are also useful as they shed light on gray areas that have created some confusion amongst employers and practitioners. We foresee that, similar to the PR-DOL’s for the interpretation of Act No. 80, these recently published Guidelines will be used by courts as a persuasive tool.

If you have any questions or comments regarding the Act or if you’d like assistance to revise or modify your practices and policies accordingly, please contact any of the following attorneys from our Labor & Employment Practice Group at your convenience:

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