On December 6, 2017, the Puerto Rico Secretary of the Department of Labor and Human Resources ("Secretary") published the proposed Regulation to Administer Act No. 379 of May 15, 1948, as amended, known as Puerto Rico's Working Hours and Days Act. On the same day, the Puerto Rico Department of Labor and Human Resources ("Department") published a Public Notice informing employers, employees, and the general public of its intent to adopt the Regulation and inviting any person to submit written comments on or before Friday, January 5, 2018. Comments can be mailed, submitted via email, or physically presented to the Office of the Solicitor of Labor.
The proposed Regulation is significant as it covers a number of areas directly impacting employers' daily management of their workforce. Specifically, the proposed Regulation seeks to implement the Working Hours and Days Act by, among other things, establishing what constitutes the workday in Puerto Rico. The proposed Regulation also sets the parameters for alternate workweek schedules, governs criteria related to requests for changes in the schedule, workday, or workplace, and regulates agreements to make up lost work time due to personal reasons. Additionally, the proposed Regulation provides rules regarding the legal meal period, permissible agreements to reduce the meal period, and the compensation for work completed during this period. Further, the proposed Regulation establishes employer obligations for preparing and maintaining employee files, payroll records, and work itineraries, as well as the information that must be included in pay stubs, employee files, and payroll records. Lastly, the Regulation provides guidelines applicable to extrajudicial agreements under Act No. 379, and for the Department's approval of these agreements.
Employers interested in reviewing the proposed Regulation can view a copy here.1 Please note that the Regulation is only available in Spanish.
1 Schuster Aguiló LLC, a member of Littler Global, will be presenting its comments on the proposed Regulation. Input from the employer community is welcome. Please contact the authors of this article for more information.
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