Author: pmalaw

PUERTO RICO ACT 15-2021 – PROVIDES EMPLOYMENT PROTECTION TO AUTHORIZED AND REGISTERED PATIENTS OF MEDICAL CANNABIS

On July 29, 2021, the Governor signed into law Act 15-2021 as an amendment to Act 42-2017, which had legalized the use of medical cannabis in Puerto Rico. Act 15-2021 now prohibits discrimination in employment of authorized and registered patients of medical cannabis. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2021/08/Labor-Alert-Act-No.-15-2021.pdf

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THE AMERICAN RESCUE PLAN ACT REQUIRES COBRA PREMIUM SUBSIDY

On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA). The law provides certain benefits to assist workers affected by the COVID-19 pandemic including a new COBRA premium subsidy that pays for 100 percent of the applicable COBRA premium for eligible individuals with respect to coverage periods between April 1, 2021 and Sept. 30, 2021. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2021/03/LABOR-ALERT-ARPA-COBRA-SUBSIDY-Rev.-MIR-26-March-2021.pdf

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PUERTO RICO DEPARTMENT OF LABOR ISSUES GUIDANCE FOR PRIVATE EMPLOYERS ON WORKPLACE HARASSMENT

On February 3, 2021, the Puerto Rico Department of Labor and Human Resources issued Guidelines on Workplace Harassment for the private sector. The Guidelines are intended to help private employers comply with the requirements established by PR Act 90 of August 7, 2020,including its requirement that employers adopt a protocol to process and manage workplace harassment claims. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2021/02/PR-DOL-GUIDANCE-ON-LABOR-HARASSMENT-ACT.pdf

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US DEPARTMENT OF LABOR ISSUES PROPOSED RULE ON INDEPENDENT CONTRACTOR STATUS UNDER THE FAIR LABOR STANDARDS ACT

On September 22, 2020, the U.S. Department of Labor (DOL) announced a proposed rule regarding how to determine whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. For more, information, click here: https://www.pmalaw.com/wp-content/uploads/2020/09/LABOR-ALERT-DOL-PROPOSED-REGULATION-CONTRACTORS-REV-24-SEPT-2020.pdf

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US SUPREME COURT RULES FEDERAL LAW PROHIBITS HOMOSEXUAL AND TRANSGENDER DISCRIMINATION

On June 15, 2020, the US Supreme Court issued a decision extending anti-discrimination protection in employment to homosexual and transgender employees and applicants for employment. In Bostock v. Clayton County, Georgia the Court held that an employer who fires an individual merely for being homosexual or transgender violates Title VII of the Civil Rights Act of 1964. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2020/06/Labor-Alert-06162020.pdf

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NEW COVID-19 EXPOSURE CONTROL PLAN AND OTHER REQUIREMENTS APPLICABLE TO EXEMPT EMPLOYERS UNDER EXECUTIVE ORDER NO. OE-2020-038

On May 1, 2020 the Governor of Puerto Rico issued Executive Order No. OE-2020-038 (“OE-2020-038”) allowing additional commercial activities and services to restart operations while extending the general lockdown until May 25, 2020. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2020/05/Labor-Alert-OE-2020-038-and-CL-2020-03-4818-4143-2251-v.-1.pdf

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