In Puerto Rico, wages and overtime compensation is regulated by both federal (F.L.S.A.) and state law. Under Article II, Section 16 of the Constitution, workers in the Island are guaranteed among other things a regular work day which shall not exceed eight (8) hours.
Under Puerto Rico’s Act No. 379 of May 15, 1948, 29 L.P.R.A. 271 et seq. and applicable caselaw, jobs governed by the FLSA must be paid an overtime rate of time and a half of the regular rate for hours in excess of eight (8) in any given period of twenty-four (24) consecutive hours. Jobs not covered require a higher rate of two (2) times the regular rate. Excluded from these provisions are outside sales persons and “administrators”, “executives”, and “professionals” as defined under local regulations (mostly following the definitions under the FLSA).
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