LABOR ALERT – NLRB CC1 UNION DE TRONQUISTAS

On September 30, 2019 the National Labor Relations Board issued a key decision holding that a two-day wildcat strike was not a protected activity under the National Labor Relations Act and thus, that the Employer did not violate the Act by suspending and/or terminating the strikers, CC1 Limited Partnership d/b/a Coca Cola Puerto Rico et al and Union de Tronquistas, Local 901, et al., 368 NLRB 84 (2019).  See Opinion and Order at https://apps.nlrb.gov/link/document.aspx/09031d4582d9d057. For more information, click on the following link: https://www.pmalaw.com/wp-content/uploads/2019/10/LABOR_ALERT_-_NLRB_CC1_UNION_DE_TRONQUISTAS.pdf

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Puerto Rico Tax Alert: Incentives Code – Changes to Act 20 & Act 22

On July 1, 2019 (the “Effective Date”), the Governor of Puerto Rico signed into law the Puerto Rico Incentives Code as Act 60-2019 (the “Incentives Code”). In general, the Incentives Code compiles into a single code many of the Puerto Rico tax incentives laws used to promote the island’s economic development, with some modifications, in an effort to establish a new transparent and efficient process for granting and overseeing all the incentives afforded under the Puerto Rico’s incentives laws. We will discuss herein the major changes brought by the Incentives Code in relation to export services businesses (hereinafter referred to as collectively the “Export Services Business”), previously covered under Act 20-2012, as amended (“Act 20”), and resident individual investors (hereinafter referred to as the “Resident Individual Investors”), that were previously covered under Act 22-2012, as amended (“Act 22”). For more information, click here.

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CERTAIN SEVERANCE PAYMENTS CLASSIFIED AS “EXEMPT INCOME” MUST NOW BE REPORTED IN FORM 499R-2/W-2PR

Section 1031.01(b)(11) of Puerto Rico’s Internal Revenue Code, as amended, exempts from income those severance payments that an employer makes to an employee on account of the employee’s separation for service without making a determination of just cause, provided such payments do not exceed the maximum amount payable under Law 80 of May 30, 1976, as amended. For more information, click on the following link: Click here

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Qualified Opportunity Zones: An Opportunity to Spur Investments in Puerto Rico

By: Fernando Goyco-Covas The Tax Cuts and Jobs Act of 2017 grants certain United States federal income tax benefits to taxpayers that invest all or a portion of their capital gains in certain economically distressed areas of the United States (“Qualified Opportunity Zones”). For more information, please click on the following link: https://www.pmalaw.com/wp-content/uploads/2018/11/Newsletter-Qualified-Opportunity-Zones.pdf

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PMA founding partner Néstor Méndez becomes the first Puerto Rican elected to the Board of Trustees of the US Supreme Court Historical Society

PMA founding partner Néstor Méndez becomes the first Puerto Rican elected to the Board of Trustees of the US Supreme Court Historical Society.  He also was the first Puerto Rican to preside the Foundation of the Federal Bar Association and Chair its Fellows and currently presides the Puerto Rico Supreme Court Foundation. For more information, click on the following link: Primer Puertorriqueño en presidir junta jurídica El Nuevo Día 6 21 18

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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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PROPOSED LABOR LAW REFORM

On March 21, 2018, Governor Ricardo Rosselló provided some details about a new Labor Law Reform.  The new Labor Law Reform proposes to lower, on a still unspecified date, the vacation and sick leave accrual of private employees to 7 days per year.  In three years from the enactment of the Reform, the Christmas bonus will not be obligatory and Act 80 of May 30, 1976, the Unjust Dismissal Act, will be eliminated. The purpose of these proposed changes is to increase the rate of labor participation in Puerto Rico, which is currently around 40%, compared to an average of 63% in the US. You can view the article by clicking on the following link:  Click here to download  

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