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

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