News & Resources

On March 25, 2024, the Puerto Rico Secretary of Health, Dr. Carlos Mellado, issued Administrative Order No. 2024-589 declaring a public health “State of Emergency” due to the rapid spike in the number of dengue fever cases reported during the first months of 2024. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2024/04/LABOR-DECLARACION-EMERGENCIA-POR-DENGUE-4-03-24.-docx.pdf

On January 16, 2024, the Governor of Puerto Rico, Hon. Pedro Pierluisi, signed into law House Bill 1745, titled “Act to Facilitate the Implementation of Remote Work in the Private Sector and to Promote the Establishment of Air Operation Bases in Puerto Rico” (hereinafter the “Act”). For more information, click here: https://www.pmalaw.com/wp-content/uploads/2024/01/LABOR-ALERT-PR-STATUTE-TO-PROMOTE-REMOTE-WORK.pdf

On January 10, 2024, the US Department of Labor (DOL) published its final rule: “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the “Rule”). Through the Rule, the DOL expands on the criteria that need to be analyzed to determine if an individual is an employee or an independent contractor for purposes of the Fair Labor Standard Act (“FLSA”) only. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2024/01/LABOR-ALERT-INDEPENDENT-CONTRACTOR-RULE.pdf

On December 8, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a Guidance Memorandum on 2023 Election Rule Representation Case Procedure Changes (the “Memorandum”). The Memorandum significantly reduces the time previously available from the date a petition for election is filed to the date the election occurs. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2023/12/LABOR-ALERT-NLRB-ELECTION-RULE-CHANGES-Final.pdf

On August 24, 2023, the NLRB adopted a Final Rule amending election procedures that will drastically reduce the time it takes from the filing of the petition to the date of the election and also expedite the resolution of any post-election litigation. For more information, click here https://www.pmalaw.com/wp-content/uploads/2023/08/LABOR-ALERT-NLRB-ELECTIONS-AGOSTO-2023.pdf

Trademarks registered with the U.S. Patent and Trademark Office (USPTO), including marks registered in accordance with a convention or treaty relating to trademarks to which the United States is a party, may not be fully protected in Puerto Rico if rights owners fail to take certain key steps. For more information, click here

The trust is an autonomous estate that results from the act by which a person, named as settlor, transfers certain assets or rights to another person, named as trustee, to be administered for the benefit of third parties, named as beneficiaries, according to the provisions of the deed of constitution of trust.  For more information, click on the following link: Click here

In Caballer Rivera v. Nidea Corporation, 199 DPR __ , 2018 TSPR 65 (April 19, 2018), the Puerto Rico Supreme Court held that an employer’s managers and supervisors are not personally liable for alleged acts of retaliation under Puerto Rico Acts No. 69 of July 6 (sex discrimination), 1985 and No. 17 of April 22, 1988 (sexual harassment), (the “Acts”). For more information, click on the following link: Click here

April 3, 2018. On April 2, 2018, the US Supreme Court held in Encino Motorcars, LLC v. Navarro et al. that service advisors at car dealerships are exempt from the payment of overtime under Section 13(b)(10)(A) of the Fair Labor Standards Act (“FLSA”), which applies to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements.” For more information, click on the following link: Click here

On March 21, 2018, Governor Ricardo Rosselló provided some details about a new Labor Law Reform.  The new Labor Law Reform proposes to lower, on a still unspecified date, the vacation and sick leave accrual of private employees to 7 days per year.  In three years from the enactment of the Reform, the Christmas bonus will not be obligatory and Act 80 of May 30, 1976, the Unjust Dismissal Act, will be eliminated. The purpose of these proposed changes is to increase the rate of labor participation in Puerto Rico, which is currently around 40%, compared to an average of 63% in the US. You can view the article by clicking on the following link:  Click here to download