News & Resources

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

On May 26, 2020 Puerto Rico Governor Wanda Vazquez Garced signed Act 54-2020 to amend the Puerto Rico Employment Security Act. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2020/06/Labor-Alert-Act-No.-54-2020.pdf

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

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

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