Labor & Employment Laws in Puerto Rico
In Puerto Rico, both federal labor and employment laws and local labor and employment laws uniquely govern the workplace, providing a comprehensive legal framework protecting the rights of workers are upheld. Federal labor and employment laws applicable in Puerto Rico include:
With certain limitations, Federal labor and employment laws generally apply in Puerto Rico. These include:
- Age Discrimination in Employment Act (ADEA)
- American With Disabilities Act (ADA)
- Consolidated Omnibus Budget Reconciliation Act (COBRA)
- Davis Bacon-Act of 1931
- Equal Pay Act (EPA) of 1963
- Employee Retirement Income Security Act of 1974 (ERISA)
- Employee Polygraph Protection Act (EPPA)
- Family and Medical Leave Act (FMLA)
- Fair Labor Standards Act (FLSA)
- Fair Credit Reporting Act of 1970 (FCRA)
- Genetic Information Nondiscrimination Act of 2008 (GINA)
- Health Insurance Portability and Accountability Act (HIPAA)
- Immigration Reform and Control Act (IRCA)
- National Labor Relations Act and Labor Management Reporting and Disclosure Act
- Title VII of the Civil Rights Act
- Occupational Safety and Health Act (OSHA)
- USERRA
- Worker Adjustment Retraining and Notification Act (WARN)
In Complementing these are the labor and employment laws of Puerto Rico, included in Title 29 of the Puerto Rico Code, which are designed to be more comprehensive and protective than their federal counterparts. Key local labor and employment laws include:
- 115-1991 (Whistle-blower)
- 100 -1959 (General Discrimination Statute)
- 69-1985 (Sex Discrimination)
- 17 -1988 (Sexual Harassment)
- 44 -1985 (Disability)
- 3 -1942 (Pregnancy)
- 217 -2006 (domestic violence issues in workplace)
- 80 -1976 (wrongful discharge)
- 379-1948 (hours of work)
- 83 – 1995 (Flexible Work Schedule)
- 289 -1946 (Day of Rest)
- 148 -1969 (Christmas Bonus)
- 59 – 1997 (Drug Testing)
- 17 – 1931 (Payment of Wages)
- 230 – 1942 (Employment of Minors)
- 74 – 1956 (Unemployment Compensation)
- 180 – 1998 (Vacation and Sick Leave)
- 427 – 2000 (Breastfeeding)
- 45 -1935 (Workers Compensation)
- 139 – 1968 (Non-Occupational Disability)
- 207 – 2006 (Restrictions Use of Social Security)
- 130 – 1945 (PR Labor Relations Act – Applies where NLRA does not)
These laws, encompassing both federal and Puerto Rico labor and employment laws, are administered by various federal agencies such as the United States Department of Labor, the National Labor Relations Board, and the Equal Employment Opportunity Commission (EEOC), all of which maintain offices in Puerto Rico. The Puerto Rico Department of Labor specifically oversees the administration of local employment laws, including unemployment and workers’ compensation, ensuring comprehensive adherence to labor and employment law in Puerto Rico
Payroll taxes, including income, social security, unemployment, and disability taxes, are subject to withholding, like in the United States. An important difference is that income tax goes to the local government, not the IRS.
Ensuring compliance with the complex network of federal and Puerto Rico labor and employment laws is paramount for businesses operating within the region, particularly for US companies venturing into the Puerto Rican market. As an attorney focusing in Puerto Rico labor compliance and employment litigation defense, I provide invaluable expertise to navigate the intricacies of both federal and local employment regulations. My services cater specifically to US companies seeking to understand and adhere to the unique legal landscape of Puerto Rico, offering comprehensive support in employment litigation defense, workplace legal strategies, and employer labor law firm services. With extensive experience as a Puerto Rico workplace attorney, I am equipped to guide your business through the challenges of maintaining full legal compliance, protecting your interests, and fostering a compliant and productive work environment. For US companies in need of expert legal assistance in Puerto Rico, hiring a local counsel who is deeply versed in Puerto Rico labor compliance and employment litigation defense is crucial. Contact me to explore how we can ensure your business not only meets but exceeds Puerto Rico’s labor and employment law requirements, safeguarding your operations against legal pitfalls and fostering a compliant, equitable workplace.
