News & Resources

The U.S. Department of Labor’s Occupational Safety and Health Administration issued on November 4, 2021 a new Emergency Temporary Standard (“ETS”) which requires covered employers to: (1) develop, implement and enforce a mandatory COVID-19 vaccination policy, unless an employee seeks exemption based on recognized medical conditions or religious beliefs, observances or practices, in which case the employee must undergo regular COVID-19 testing and wear a face covering at work; or (2) adopt a policy requiring employees to choose either to be vaccinated or undergo regular COVID-19 testing and wear a face covering at work. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2021/11/LABOR-ALERT-OSHA-ISSUES-COVID-19-ETS.pdf

On September 21, 2021, Governor Pedro Pierluisi signed into law Act No. 47, Puerto Rico’s new Minimum Wage Law, for more information, click here: https://www.pmalaw.com/wp-content/uploads/2021/09/LABOR-ALERT-PUERTO-RICO-MINIMUM-WAGE.pdf

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

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

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

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

The Law, which was signed on September 1, 2020, raises the minimum wage for nurses in the private sector. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2020/09/LABOR-ALERT-JOINT-RESOLUTION-77-20-AND-HOUSE-BILL.pdf

On August 7, 2020, the Governor of Puerto Rico signed into law an Act to prohibit workplace harassment, which became effective immediately. It applies to public, private and non-profit employers. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2020/08/LABOR-ALERT-PR-LABOR-HARASSMENT-ACT.pdf

On June 17, 2020 the U.S. Equal Employment Opportunity Commission (EEOC) issued an updated guidance on permitted COVID-19 employee testing under the Federal Equal Employment Opportunity Laws. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2020/06/EEOC-Issues-Updated-Covid-19-Guidance-Addressing-Antibody-Testing.pdf

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