Category: Blog

GOVERNMENT OF PUERTO RICO DECLARES PUBLIC HEALTH EMERGENCY FOR DENGUE FEVER TRIGGERING ADDITIONAL PAID SICK LEAVE

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

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PUERTO RICO ENACTS STATUTE TO PROMOTE REMOTE WORK

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

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US DOL FINAL RULE ON INDEPENDENT CONTRACTOR EXCLUSION UNDER THE FLSA

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

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NLRB ISSUES MODIFIED RULES FOR “QUICKIE” ELECTIONS

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

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NLRB ISSUES FINAL RULE ON ELECTION PROCEDURES

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

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THE RESERVATION OF POWERS IN A TRUST: DOES IT AFFECT THE TRUST’S PROTECTION BEFORE CREDITORS OF THE SETTLOR?

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

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PUERTO RICO SUPREME COURT FINDS AGENTS, OFFICERS AND SUPERVISORS NOT PERSONALLY LIABLE FOR RETALIATION CLAIMS

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

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US SUPREME COURT HOLDS THAT OVERTIME AND MINIMUM WAGE EXEMPTIONS IN THE FLSA MUST BE GIVEN A “FAIR READING”, NOT A NARROW INTERPRETATION AS PREFERRED BY THE DEPARTMENT OF LABOR.

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

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