PUERTO RICO ENACTS STATUTE TO PROMOTE REMOTE WORK

On January 16, 2024, the Governor of Puerto Rico, Hon. Pedro Pierluisi, signed into law House Bill 1745, titled “Act to Facilitate the Implementation of Remote Work in the Private Sector and to Promote the Establishment of Air Operation Bases in Puerto Rico” (hereinafter the “Act”). For more information, click here: https://www.pmalaw.com/wp-content/uploads/2024/01/LABOR-ALERT-PR-STATUTE-TO-PROMOTE-REMOTE-WORK.pdf

Read more

US DOL FINAL RULE ON INDEPENDENT CONTRACTOR EXCLUSION UNDER THE FLSA

On January 10, 2024, the US Department of Labor (DOL) published its final rule: “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (the “Rule”). Through the Rule, the DOL expands on the criteria that need to be analyzed to determine if an individual is an employee or an independent contractor for purposes of the Fair Labor Standard Act (“FLSA”) only. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2024/01/LABOR-ALERT-INDEPENDENT-CONTRACTOR-RULE.pdf

Read more

NLRB ISSUES MODIFIED RULES FOR “QUICKIE” ELECTIONS

On December 8, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a Guidance Memorandum on 2023 Election Rule Representation Case Procedure Changes (the “Memorandum”). The Memorandum significantly reduces the time previously available from the date a petition for election is filed to the date the election occurs. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2023/12/LABOR-ALERT-NLRB-ELECTION-RULE-CHANGES-Final.pdf

Read more

NLRB ISSUES FINAL RULE ON ELECTION PROCEDURES

On August 24, 2023, the NLRB adopted a Final Rule amending election procedures that will drastically reduce the time it takes from the filing of the petition to the date of the election and also expedite the resolution of any post-election litigation. For more information, click here https://www.pmalaw.com/wp-content/uploads/2023/08/LABOR-ALERT-NLRB-ELECTIONS-AGOSTO-2023.pdf

Read more

Fair Labor Standards Act, Salary-basis: defined

On February 22, 2023, the United States Supreme Court held in Helix Energy Solutions Group v. Hewitt that daily rate workers will not meet the “salary basis” test required to be exempt from the Fair Labor Standards Act’s protection unless the conditions set forth in either §602(a) or §604(b) of the Act’s interpreting regulations are met. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2023/03/Labor-Alert-3.13.23.pdf

Read more

US SUPREME COURT SUSPENDS OSHA COVID-19 VACCINATION AND TESTING
EMERGENCY TEMPORARY STANDARD, BUT MAINTIAINS HEALTHCARE ETS

On January 13, 2022, the Supreme Court issued a Per Curiam opinion in the case of National Federation of Independent Business, et al., v. Department of Labor, OSHA, et al, 595 U. S. ____ (2022) which stayed implementation of the Occupational Safety and Health Act’s (OSHA) COVID–19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402, pending disposition of the National Federation and the State of Ohio’s petitions for review in the United States Court of Appeals for the Sixth Circuit. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2022/01/LABOR-ALERT-US-SUPREME-COURT-COVID-19-ETS-1.pdf

Read more

OSHA ISSUES COVID-19 VACCINATION AND TESTING EMERGENCY TEMPORARY STANDARD

The U.S. Department of Labor’s Occupational Safety and Health Administration issued on November 4, 2021 a new Emergency Temporary Standard (“ETS”) which requires covered employers to: (1) develop, implement and enforce a mandatory COVID-19 vaccination policy, unless an employee seeks exemption based on recognized medical conditions or religious beliefs, observances or practices, in which case the employee must undergo regular COVID-19 testing and wear a face covering at work; or (2) adopt a policy requiring employees to choose either to be vaccinated or undergo regular COVID-19 testing and wear a face covering at work. For more information, click here: https://www.pmalaw.com/wp-content/uploads/2021/11/LABOR-ALERT-OSHA-ISSUES-COVID-19-ETS.pdf

Read more

NEW PUERTO RICO MINIMUM WAGE LAW

On September 21, 2021, Governor Pedro Pierluisi signed into law Act No. 47, Puerto Rico’s new Minimum Wage Law, for more information, click here: https://www.pmalaw.com/wp-content/uploads/2021/09/LABOR-ALERT-PUERTO-RICO-MINIMUM-WAGE.pdf

Read more