News
Texas Federal Court Sets Aside the FTC Ban on Non-Compete Agreements
On August 20, 2024, Federal District Judge Ada Brown, of the U.S. District Court for the Northern District of Texas, issued a judgment that sets aside the U.S. Federal Trade
Puerto Rico Prohibits Discrimination Based on Hairstyles
On July 24, 2024, Puerto Rico Governor Pedro R. Pierluisi Urrutia signed into law Act 106-2024, known as the “Act Against Discrimination on the Basis of Hairstyles.”
Increase in Minimum Wage to $10.50
On June 12, 2024, the Minimum Wage Evaluation Commission approved the increase of the state minimum wage from $9.50 to $10.50, effective July 1, 2024, after evaluating the economic report that analyzed the impact of the minimum wage increase as provided by Act 47-2021, known as the Puerto Rico Minimum Wage Act.
New Overtime Rules under the FLSA
On April 23, 2024, the U.S. Department of Labor Wage and Hour Division published its Final Rule increasing the Fair Labor Standards Act’s annual salary threshold for exempt employees classified as executive, administrative or professional.
New Act to Facilitate the Implementation of Remote Work in Private Companies
On January 17, 2024, Puerto Rico Governor Pedro R. Pierluisi Urrutia signed into effect Act 27-2024, known as the “Act to Facilitate the Implementation of Remote Work in Private Companies and Encouragement to Establish Airline Bases in Puerto Rico”, which aims to encourage companies without business operations in Puerto Rico to recruit employees domiciled on the Island and allow them to work remotely from here.
DOL Final Rule Regarding Proper Classification of Employee or Independent Contractor Under the FLSA
On January 10, 2024, the U.S. Department of Labor published on its Final Rule modifying Wage and Hour Division regulations to provide guidance regarding whether workers are employees or independent contractors under the Fair Labor Standards Act. The Final Rule rescinds a 2021 DOL rule defining the concept of an independent contractor.
The Court of Appeals for the First Circuit confirms the nullity of Puerto Rico Law 41-2022
In June 2022, Puerto Rico Governor Pedro R. Pierluisi Urrutia signed into effect Puerto Rico Act 41-2022, known as the 2022 Labor Reform, which amended the Employment Transformation and Flexibility Act of January 26, 2017, known as the 2017 Labor Reform.
Jack Daniel’s v. Bad Spaniels: Supremo federal falla a favor del «whiskey»
El 8 de junio de 2023, la Corte Suprema de Estados Unidos determinó unánimemente que la Primera Enmienda no escuda a «Bad Spaniels», un juguete para perros que parodia la botella de whiskey Jack Daniel’s, de reclamaciones de infracción de marca y disminución de carácter distintivo.
Registro de Marcas 101: Cuidado con la Probabilidad de Confusión
Es prudente procurar una evaluación sobre la registrabilidad de una marca antes de iniciar el proceso de solicitud e incurrir los gastos relacionados.
Un tasador no puede tener un interés económico en la reclamación
El 9 de febrero de 2023, el Tribunal Supremo del estado de Florida estableció que un appraiser tiene que ser disinterested, por lo cual no puede tener un interés económico en la reclamación.
Null and void ab initio Law 41-2022, the 2022 Labor Reform Act
On March 3, 2023, the U.S. District Court for the District of Puerto Rico, through the voice of Judge Laura Taylor Swain declared null and void Act 41-2022, also known as the 2022 Labor Reform Act, after the Financial Oversight & Management Board for Puerto Rico under the provisions of the Puerto Rico Oversight, Management, and Economic Stability Act challenged the legitimacy of Act 41-2022.
The Puerto Rico Department of Labor issues model protocol to prevent and manage sexual harassment cases in the workplace
On October 30, 2022, the Puerto Rico Department of Labor and Human Resources published the anticipated model protocol to prevent and manage sexual harassment cases which may be adopted by employers to comply with the requirement of Act 82-2022 which amended Act 17-1988.
New requirement for employers in Puerto Rico to implement a protocol for the management of sexual harassment in the workplace
On September 28, 2022, Puerto Rico Governor Pedro R. Pierluisi Urrutia signed into law Act No. 82-2022, which amends Act. No. 17-1988, known as “Law to Prohibit Sexual Harassment in the Workplace”.
Recent amendments to Puerto Rico’s Employment Transformation and Flexibility Act of 2017
On June 20, 2022, Puerto Rico Governor Pedro R. Pierluisi Urrutia, signed into law Act 41-2022, which amends the “Employment Transformation and Flexibility Act”.
Guide for the investigation of cases and contract tracing for COVID-19
On May 12, 2022, the Puerto Rico Department of Health updated the Guide for the Investigation of Cases and Contract Tracing for COVID-19, by reducing the isolation and quarantine periods. This Guide applies to private sector employers, public sector employers and educational institutions.
Updated protocol for the management of COVID-19 cases in the workplace
On January 4, 2022, the Puerto Rico Department of Health issued the updated Protocol for the Management of Covid-19 Cases in the Workplace, establishing guidelines to prevent the spread of Covid-19 in the workplace and the reentry of employees who have been infected and/or exposed to Covid-19.
Newly issued Executive Order 2021-075
On November 15, 2021, Puerto Rico Governor Pedro R. Pierluisi Urrutia issued Executive Order OE-2021-075, which became effective immediately. This latest Executive Order highlights the effectiveness of the measures taken until now by the Government of Puerto Rico in addressing the COVID-19 pandemic.
OSHA issues COVID-19 workplace vaccine-or-testing policy rule
Effective November 5, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration issued its emergency temporary standard to protect employees from the spread of the coronavirus in the workplace.
Puerto Rico to raise minimum wage
On September 21, 2021, Puerto Rico Governor Pedro R. Pierluisi Urrutia signed into law Act No. 47 which was recently approved by the Senate and House of Representatives to raise the state minimum wage in Puerto Rico from $7.25 per hour by gradual annual increases up to $10.50 per hour.
Workplace protection for registered and authorized patients of medical cannabis
On July 29, 2021, Puerto Rico Governor Pedro R. Pierluisi Urrutia signed into law Act No. 15-2021 (“Act 15-2021”), an amendment to Act. No. 42-2017 known as the Law to Manage the Study, Development and Research of Cannabis for Innovation, Applicable Standards and Limits.