Welcome. I hope you will take a moment to get to know Robert Fleming better, learn about his commitment to your success through high-quality employment law services that are engineered for efficiency and tailored to your business objectives.
Puerto Rico Employment Law – Regulatory Framework
As an experienced employment attorney – Puerto Rico Labor Law is – in Fleming’s view a jurisdiction that has over-legislated employment-related issues. Thus, you will find over 40 critical statutes regulating the workplace.
Federal labor and employment laws apply in Puerto Rico including the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), OSHA, the Labor Management Relations Act (LMRA), Worker Adjustment and Retraining Notification Act (WARN), the Office of Federal Contract Compliance Program (OFCCP) and many others. In addition, Puerto Rico employment law regulates areas such as hiring and discharge, wage & hour, vacation and illness, maternity and paternity leave, domestic violence, recordkeeping and posting, equal pay, trade secrets, non-compete agreements, holidays & religious observance.
Enforcement of regulations and the resolution of employment disputes are handled administratively and in both federal and local courts. The federal district court for the district of Puerto Rico sits in San Juan. Appeals from the district court decisions are to the First Circuit Court of Appeals. Federal courts hear claims based on the U.S. Constitution, federal statutes and local laws through ancillary jurisdiction.
The Puerto Rico courts hear claims based on both local and federal laws. Civil actions are presented in the Court of First Instance. Appeals are reviewed by the Court of Appeals followed by the Supreme Court which exercises discretionary review.
Why Consider Robert A. Fleming as Your Employment Attorney – Puerto Rico
As an employment attorney – Puerto Rico Fleming advises and represents employers – from locally owned businesses to multinational enterprises- in all areas of federal and Puerto Rico employment law. He has extensive experience in litigating discrimination lawsuits, arbitrations, National Labor Relations Board proceedings, collective bargaining, federal and state administrative investigations and adjudications.
Business Experience and Industry Focus
Fleming has extensive experience with the local business environment employers operate in, including the hospitality, health care, services, distribution and retail industries. Fleming has represented numerous leading hotels and hospitals in Puerto Rico, retail chains and financial institutions.
As a business-trained employment attorney -Puerto Rico- labor lawyer with management and human resources experience, Fleming will partner with you to navigate the full cycle of the employment relationship of your workforce along the complex regulatory environment. Services include:
- Crafting proactive strategies to deal with individual or collective legal issues that may arise during the hiring, managing or disciplinary processes;
- Supporting you to manage legal risk and find ways to reach business objectives whilst complying with employment regulations;
- Conform your workplace practices to current federal and Puerto Rico employment law;
- Advise on employee leave issues arising under the local and federal regulations;
- Vigorous defense of legal actions in all courts and administrative agencies.
As business objectives change, so does the nature of the operations and the composition of the workforce. Mergers, downsizing and acquisitions all raise critical employment issues. As your Puerto Rico employment attorney, Fleming will assist you in structuring the employment aspects of these transactions including establishing, restructuring and closing operations in the Island.
Specific regulatory matters that Fleming has extensive experience and can help you with include:
- Responding to Equal Employment Opportunity Commissions and State Civil Rights Commissions charges of discrimination;
- Guidance on reasonable accommodation requests that you may have under ADA;
- Properly classifying exempt and hourly workers;
- Handling discrimination litigation based on age, race, color, sexual harassment, retaliation and disability;
- Recommend on the implementation of leaves under the FMLA;
- Advise on plant closures or mass layoffs in compliance with Worker Adjustment and Retraining Notification Act (WARN).
As your lawyer in Puerto Rico – employment law- Fleming will provide you with practical guidance on the employment law issues that your operations faces every day. He will also update, review and craft employment policies and procedures to prevent employment claims and provide support in internal investigations and compliance audits.
Litigation and Trial Lawyer
Robert Fleming has been handling trials, litigation, arbitration, discrimination and unfair labor charges for over twenty years. He will stand ready to develop a tailored strategy and to assist and represent you in the federal and state courts of Puerto Rico and all other agencies where a labor and employment claim has been brought against you. These administrative forums include the U.S. Department of Labor, the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board and the different offices of the Puerto Rico Department of Labor including the Anti-Discrimination Unit.
For additional information contact Robert A. Fleming, your employment attorney – Puerto Rico.