Category: Client Alerts

US DEPARTMENT OF LABOR NEW FINAL RULE RAISES FLSA’S MINIMUM SALARY REQUIREMENT TO QUALIFY AS EXEMPT EMPLOYEES, BUT STILL CONSIDERING IF THE REQUIREMENT WILL EXTEND TO PUERTO RICO

The U.S. Department of Labor (Department) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees”, which revises the overtime pay exemption for executive, administrative, and professional (EAP) employees. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2024/05/LABOR-ALERT-US-DOL-FLSA-EXEMPT-EMPLOYEES-REG.pdf

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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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Fair Labor Standards Act, Salary-basis: defined

On February 22, 2023, the United States Supreme Court held in Helix Energy Solutions Group v. Hewitt that daily rate workers will not meet the “salary basis” test required to be exempt from the Fair Labor Standards Act’s protection unless the conditions set forth in either §602(a) or §604(b) of the Act’s interpreting regulations are met. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2023/03/Labor-Alert-3.13.23.pdf

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