Employment Law and Litigation in Puerto Rico
All members of the department represent and vigorously defend employers before government agencies, such as the EEOC and the Puerto Rico Department of Labor, and in federal and Puerto Rico Courts, in connection with wrongful discharge cases, discrimination claims under Puerto Rico and federal laws, retaliation, sexual harassment in the workplace, and employment related tort cases such as defamation and privacy rights violations. A substantial element of the practice consists of general counseling with clients regarding avoidance of litigation, compliance with Puerto Rico and federal labor laws and regulations, and the settlement of claims.
For decades, Puerto Rico wage and hours laws, as well as the Fair Labor Standards Act (FLSA), have been grounds for daily overtime, meal periods, vacation, sick leave, and recordkeeping claims, among others. The members of the Department are acutely aware of this fact. Accordingly, they are ready to assist employers in the correct application of the "white-collar" exemptions and the rules and case law governing the independent contractor status, all recordkeeping requirements under Puerto Rico and federal laws, conduct audits of wage and overtime pay policies, and if needed, defend employers in litigation, including collective wage and hour actions. The labor and employment law team is also prepared to conduct in-house trainings in federal and Puerto Rico wage and hour laws and requirements to prevent the most common violations and secure full compliance with these laws.
The labor and employment law department also provides legal advice and representation in all areas of employees' benefits. Special advice is given to matters related to leave obligations and employment reservations under the Puerto Rico Maternity Leave Act; the Workers Accident Compensation Act; the mandated Short Term Disability Insurance (SINOT); the Motor Vehicle Accident Act (ACAA); and the interaction of these laws with the Family and Medical Leave Act (FMLA), COBRA, and the American with Disability Act (ADA).
For counseling in the area of employment law and related litigation, contact our Labor and Employment Law attorneys. Adsuar Muñiz Goyco Seda & Perez-Ochoa, P.S.C.
