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Employment Law – Traditional Labor and Human Resources Law

Welcome to our specialized legal services, expertly crafted for employers and businesses facing the intricate landscape of labor and employment law in Puerto Rico. With a wealth of experience spanning over three decades, We bring employment and labor attorney skills dedicated to addressing the unique challenges within the Puerto Rican business sector, including hospitality, healthcare, services, distribution,, oil & gas and retail. Our mission is to offer strategic, forward-thinking legal support, ensuring your enterprise thrives amidst the complexities of employment regulations.

As a corporate labor attorney and employment lawyer for corporations, we assist clients in developing the necessary framework to operate effectively while reducing labor & employment costs and legal issues. As a Puerto Rico employment attorney –  Fleming knows the local business environment employers operate in, including the hospitality, health care, services, distribution and retail  industries.  We have represented numerous leading hotels and hospitals in Puerto Rico, retail chains and financial institutions. As a business-trained Puerto Rico attorney – employment law with management and human resources experience, we are uniquely qualified to partner with you to navigate the complex regulatory environment affecting the full employment cycle of your workforce.

Our services are tailored to the specific needs of employers and organizations, ensuring your legal strategies are aligned with business goals and labor market realities.

As employment law counsel for businesses and corporate labor law specialists, We advice companies on the full array of employment matters, including traditional labor law practice and industrial relations, managing independent contractors, hiring, employment agreements, discipline, termination, litigation, arbitration, assisting with workforce reductions, and assessing and drafting manuals,internal policies and proceedures. As a cororate employment law advisors and labor and employment for companies, we also advise medium- and smaller-sized companies making their first international ventures, as well as those that are expanding their operations.

Labor Law Practice & Industrial Relations

As an employment attorney, one of our principal areas of concentration is  labor relations and traditional labor law. We advise clients on best practices for maintaining positive and engaging employee relations.  When facing  with an organizing drive,  we provide  strategic advice  and counsel on the law applicable to union organizing.  Some of the industries we have worked in the labor context include- large government entities, oil & gas, manufacturing, hotels, hospitals and transportation.

We are dedicated to empowering businesses with proactive strategies to foster a compliant and productive work environment, minimizing the risk of labor disputes and enhancing employer-employee relations.

As a corporate HR legal counse, we provide complete assistance,  from  organizing and decertification campaigns to the litigation of unfair labor practices, the negotiation of collective bargaining agreements and the processing of grievances and arbitration. We offer diverse collaborative arrangements and fee structures in a variety of industries including construction, medical, hospitality and gaming. 

Our goal is to be your strategic partner in labor relations, providing insights and guidance to navigate the complexities of labor laws while safeguarding your organizational interests.

Representative work includes:

  • Full representation before the National Relations Board and the Puerto Rico Mediation and Arbitration Bureau.
  • Preparing collective bargaining agreement proposals and counter-proposals.
  • Serve as main negotiator / spokesman for the company’s negotiating committee.
  • Assisting companies to assess economic impact of proposed agreements.
  • Strategic and operational advice in labor disputes & conflict.
  • Meetings with union representatives on matters of administration of the agreement and grievance process.
  • Train staff to improve relations with union and delegates.
  • Train staff in grievance process.
  • Represent clients in allegations of unfair labor practices, election petitions, certification and decertification challenges, injunctions and other matters.
  • Grievance arbitration in areas such as: disciplinary measures, demotions, wage disputes, working hours, working conditions, denial of promised benefits,  unfair actions by supervisors or management.
  • Litigation to enforce  collective bargaining and manage strikes and lockouts.

Employment Law Practice

Business Experience and Industry Focus

As a corporate employment attorney and employment lawyer for corporations in Puerto Rico addressing employment law we understand the challenges faced by employers in various sectors with a proven track record of representing employers including the hospitality, health care, services, distribution and retail  industries.  We have represented numerous leading hotels and hospitals in Puerto Rico, retail chains and financial institutions.

We leverage our industry-specific knowledge as business labor law attorneys and corporate counsel for labor and employment to offer legal solutions that are not only compliant with employment laws but also conducive to your business’s growth and stability. 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 and Corporate HR legal counsel, we will assist you in structuring the employment aspects of these transactions including establishing, restructuring, and closing operations on the Island.

As business-trained Puerto Rico employment attorneys skilled in employment law with management and human resources experience, we are uniquely qualified to partner with you to navigate the complex regulatory environment affecting the full employment cycle of your workforce. Services include:

  • Crafting strategies to manage individual or collective legal issues that arise during the hiring, managing or disciplinary processes.
  • Helping you to manage legal risk from federal and Puerto Rico employment laws 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.
  • Defense of legal claims in all courts and administrative agencies.

We are committed to providing specialized legal support to businesses, ensuring that your organization is well-equipped to handle the dynamic challenges of employment law, thereby fostering a productive and legally compliant work environment.

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 and HR legal counsel, we will assist you in structuring the employment aspects of these transactions including establishing, restructuring and closing operations in the Island.

Specific regulatory matters that we have extensive experience and can help you with include:

  • Responding to Equal Employment Opportunity Commissions and State Civil Rights Commissions charges of discrimination and retaliation under federal and Puerto Rico employment laws.
  • 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).

Preventive Strategies to Minimize Risk

As Corporate labor attorneys and Corporate employment law advisors, we provide clients with practical guidance to manage day-to-day employment law issues. We assist in updating, designing, and implementing effective policies and practices that prevent employment claims and minimize the risk of litigation. We also serve ascorporate HR legal counsel, providing support in internal investigations and compliance audits. Our approach is centered on preventing legal issues before they arise. We work closely with you, as your employment law counsel for businesses, to develop and implement employment policies that not only comply with the law but also promote a positive workplace culture.

Privacy, Trade Secrets, Unfair Competition

As Corporate counsel for labor and employment, we offer support & guidance for employers to protect themselves by auditing existing processes and developing comprehensive trade secret protection programs through tailored procedures and employment and confidentiality agreements; covenants not to compete and non-disclosure clauses, where permitted by law. Puerto Rico has specific regulations pertaining to contractual restrictions on competition and trade secrets. We recognize the critical importance of protecting your intellectual property and competitive edge. As Business labor law attorneys, our services include developing robust protection strategies for your trade secrets and confidential information.

Litigation and Trial Lawyer

With over thirty years of experience as a Labor and employment attorney for companies, including extensive litigation in employment law matters, we handle trials, litigations, arbitrations, discrimination, and unfair labor charges. We work with clients to develop a tailored strategy and to assist and represent them in federal and state courts of Puerto Rico and all other agencies where a claim has been brought against a client. 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. As a Corporate labor law specialist, we are well-equipped to defend your interests in court and administrative forums, ensuring the best possible outcomes for your business.

Training on Legal Issues for Your Business

As an Employment lawyer for corporations, we offer customized training sessions for your management and HR teams, focusing on legal compliance, best practices, and proactive strategies to manage workplace issues effectively. As an attorney in Puerto Rico managing employment and workplace issues, we have participated in speaking engagements sponsored by professional organizations such as the National Business Institute, Puerto Rico Bar Association, Inter American University School of Law, Puerto Rico Chamber of Commerce, SHRIM, Puerto Rico Manufacturers Association, and the Food & Marketing Association. Topics have included sexual harassment under P.R. and U.S. law, domestic violence under P.R. law, discrimination, progressive & corrective discipline, wrongful discharge, confidential information, non-competes, compliance, prevention, and solutions, workplace violence, and leaves of absence under federal and state laws.

Legal Trends

In navigating the ever-evolving terrain of labor and employment law in Puerto Rico, partnering with knowledgeable corporate employment attorneys like us can provide your business with a significant edge. Our deep-rooted understanding of the local legal landscape, combined with a proactive legal stance, positions us to protect and advance your business interests effectively. If your organization demands the expertise of a seasoned labor & employment attorney in Puerto Rico, reach out to us. Let’s discuss how our tailored legal solutions can empower your business to navigate employment law challenges with confidence and strategic insight.

Preventing legal issues before they arise. We work closely with you to develop and implement employment policies that not only comply with the law but also promote a positive workplace culture.

Privacy, Trade Secrets, Unfair Competition

Support & guidance for employers to protect themselves by auditing existing processes and developing comprehensive trade secret protection programs through tailored procedures and employment and confidentiality agreements; covenants not to compete and non-disclosure clauses, where permitted by law.  Puerto Rico has specific regulations pertaining to contractual restrictions on competition and trade secrets.

We recognize the critical importance of protecting your intellectual property and competitive edge. Our services include developing robust protection strategies for your trade secrets and confidential information.

Litigation and Trial Lawyer

We have extensive experience (thirty years plus) as a Trial attorney including extensive litigation in employment law matters. This includes handling trials, litigations, arbitrations, discrimination and unfair labor charges. We work with clients to develop a tailored strategy and to assist and to represent them in federal and state courts of Puerto Rico and all other agencies where a claim has been brought against a client. 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.

With over thirty years of experience in employment law litigation, we are well-equipped to defend your interests in court and administrative forums, ensuring the best possible outcomes for your business.

Training on legal issues for your business

We offer customized training sessions for your management and HR teams, focusing on legal compliance, best practices, and proactive strategies to manage workplace issues effectively.

As an attorney in Puerto Rico managing employment and workplace issues, we have participated in speaking engagements sponsored by professional organizations such as the National Business Institute, Puerto Rico Bar Association, Inter American University School of Law, Puerto Rico Chamber of Commerce, SHRIM, Puerto Rico Manufacturers Association and the  Food & Marketing Association.  Topics have included:

  • Sexual harassment under P.R. and U.S. law
  • Domestic Violence under P.R. law
  • Discrimination
  • Progressive & corrective discipline
  • Wrongful discharge
  • Confidential information, non-competes
  • Compliance, prevention and solutions.
  • Workplace violence
  • Leaves of absence under federal and state laws
  • Legal trends
  • Judicial developments of federal and Puerto Rico employment laws 
  • Federal and Puerto Rico labor law

In navigating the ever-evolving terrain of labor and employment law in Puerto Rico, partnering with a knowledgeable labor lawyer like Fleming can provide your business with a significant edge. Our deep-rooted understanding of the local legal landscape, combined with a proactive legal stance, positions us to protect and advance your business interests effectively. If your organization demands the expertise of a cororate HR legal counsel and a seasoned labor & employment attorney in Puerto Rico, reach out to Fleming. Let’s discuss how our tailored legal solutions can empower your business to navigate employment law challenges with confidence and strategic insight

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