Category: Client Alerts

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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OBLIGATION OF PRIVATE EMPLOYERS TO NOTIFY EMPLOYEES, AT THE TIME OF TERMINATION OR REDUCTION OF REGULAR HOURS OF WORK, ABOUT AVAILABILITY OF UNEMPLOYMENT INSURANCE BENEFITS

The Puerto Rico Department of Labor and Human Resources (“PR DOL”) issued Circular Letter No. 2020-02, dated April 16, 2020, requiring employers to notify employees, at the time of termination or reduction of regular hours of work, about the availability of Unemployment Insurance benefits. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2020/04/Labor_Alert_-_Circular_Letter_No__2020-02.pdf

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Puerto Rico’s Emergency Paid Leave

On April 9, 2020, the Governor of Puerto Rico, Hon. Wanda Vazquez, signed into law Act No. 37-2020, to amend Article 6 of Act No. 180-1998 to provide that, in cases where the Governor or the Secretary of Health declares a state of emergency, any employee suffering or suspected of suffering from the illness that motivated the state of emergency and who has exhausted all leaves which he/she has a right to, will be entitled to a special emergency paid leave. For more information, click on the following link: https://www.pmalaw.com/wp-content/uploads/2020/04/Labor_Alert_-_Act_No__37-2020.pdf

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Opinion of PR Secretary of Labor 2020-02

On March 23, 2020, the Secretary of the Department of Labor and Human Resources of Puerto Rico issued Opinion No. 2020-02, titled Applicable Provisions to Exempt Employees and Non-Exempt Employees Working in the Private Sector During the Curfew Ordered by the Governor of Puerto Rico and the New Leaves with Pay (“Opinion No. 2020-02”). For more information, click on the following link: https://www.pmalaw.com/wp-content/uploads/2020/03/Labor-Alert-DTRH_Opinion_2020-002-include-Op-link.pdf

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PUERTO RICO AND US LEGISLATION ESTABLISH SPECIAL EPIDEMIC LEAVES

House Bill 2428 was sent to La Fortaleza for Governor Vazquez’s signature. If enacted, the law will amend Article 6 of Act No. 180-1998 to provide that, in cases where the Governor or the Secretary of Health declares a state of emergency, any employee suffering or who suspects to suffer from COVID-19 that motivated the state of emergency, will be entitled to a special leave. For more information, click on the following link: https://www.pmalaw.com/wp-content/uploads/2020/03/LABOR_ALERT_-_CORONAVIRUS_LEGISLATION_PR_AND_USA.pdf

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PR GOVERNOR ISSUES EXECUTIVE ORDER REQUIRING BUSINESS LOCKDOWN

On March 15, 2020, the Governor of the Commonwealth of Puerto Rico Governor Hon. Wanda Vázquez-Garced issued Executive Order OE-2020-023 to implement the necessary and temporary closure of almost all governmental and private sector operations in order to combat the effects of Coronavirus (Covid-19) and to control the risk of infection in Puerto Rico. For more information, click on the following link: https://www.pmalaw.com/wp-content/uploads/2020/03/LABOR-ALERT-CORONAVIRUS-EXECUTIVE-ORDER-Marzo-17.pdf

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