puerto rico attorney employment law

Robert A. Fleming Puerto Rico Attorney – Employment law

Welcome. I hope you will take a moment to get to know Robert Alex Fleming and learn about his commitment to your success through high-quality labor and employment law services that are designed for efficiency and tailored to your business objectives in the Island.  Mr. Fleming represents  employers in all areas of employment law  including labor relations and traditional labor law.

Our Employment Law Regulatory Framework: A view from a Puerto Rico Attorney – Employment Law

As an experienced labor and employment lawyer – Puerto Rico is – in Fleming’s view a jurisdiction that has over-legislated employment law-related issues. Thus, you will find over 40 critical statutes regulating the workplace including federal labor and employment laws  such as the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), OSHA, the Labor Management Relations Act (LMRA), Worker Adjustment and Retraining Notification Act (WARN), the Office of Federal Contract Compliance Program (OFCCP) and many others. In addition, Puerto Rico employment law regulates areas such as hiring and discharge, retaliation, vacation and illness, maternity and paternity leave, domestic violence, recordkeeping and posting, equal pay, trade secrets, non-compete agreements, holidays & religious observance.

Puerto Rico’s discrimination laws cover more classifications.  Also, there are stricter rules pertaining wage & hour and special statutory leaves that are not commonly available elsewhere. Thus, a Puerto Rico attorney in employment law is a critical component of your human resources strategy.

Dispute resolution and enforcement of Puerto Rico employment laws and regulations are handled in federal and local courts. The federal district court for the district of Puerto Rico sits in San Juan. Appeals from the district court decisions are to the First Circuit Court of Appeals. Federal courts hear claims based on the U.S. Constitution, federal statutes and local laws through ancillary jurisdiction. The Puerto Rico courts hear claims based on both local and federal laws. Civil actions are presented in the Court of First Instance. Appeals are reviewed by the Court of Appeals followed by the Supreme Court which exercises discretionary review.

Business Experience and Industry Focus

As a Puerto Rico attorney – employment law Fleming knows the local business environment employers operate in, including the hospitality, health care, services, distribution and retail  industries.  Fleming has represented numerous leading hotels and hospitals in Puerto Rico, retail chains and financial institutions.

As a business-trained Puerto Rico attorney – employment law with management and human resources experience, Fleming is uniquely qualified to partner with you to navigate the complex regulatory environment affecting the full employment cycle of your workforce. Services include:

  • Crafting strategies to manage individual or collective legal issues that arise during the hiring, managing or disciplinary processes.
  • Helping you to manage legal risk from federal and Puerto Rico employment laws and find ways to reach business objectives whilst complying with employment regulations.
  • Conform your workplace practices to current federal and Puerto Rico employment law.
  • Advise on employee leave issues arising under the local and federal regulations.
  • Defense of legal claims in all courts and administrative agencies.

As business objectives change, so does the nature of the operations and the composition of the workforce. Mergers, downsizing and acquisitions all raise critical employment issues. As your Puerto Rico employment attorney, Fleming will assist you in structuring the employment aspects of these transactions including establishing, restructuring and closing operations in the Island.

Specific regulatory matters that Fleming has extensive experience and can help you with include:

  • Responding to Equal Employment Opportunity Commissions and State Civil Rights Commissions charges of discrimination and retaliation under federal and Puerto Rico employment laws.
  • Guidance on reasonable accommodation requests that you may have under ADA.
  • Properly classifying exempt and hourly workers.
  • Handling discrimination litigation based on age, race, color, sexual harassment, retaliation and disability.
  • Recommend on the implementation of leaves under the FMLA.
  • Advise on plant closures or mass layoffs in compliance with Worker Adjustment and Retraining Notification Act (WARN).

Preventive Strategies to Minimize Risk

Fleming will provide you with practical guidance to manage your day to day employment law issues. He will help update, design and implement effective policies and practices that prevent employment claims and minimize the risk of litigation.  He is also ready to provide support in internal investigations and compliance audits.

Privacy, Trade Secrets, Unfair Competition

Support & guidance for employers to protect themselves by auditing existing processes and developing comprehensive trade secret protection programs through tailored procedures and employment and confidentiality agreements; covenants not to compete and non-disclosure clauses, where permitted by law.  Puerto Rico has specific regulations pertaining to contractual restrictions on competition and trade secrets.

Litigation and Trial Lawyer

Robert Fleming has extensive experience (thirty years) as a Puerto Rico attorney – employment law matters- handling trials, litigations, arbitrations, discrimination and unfair labor charges. He will stand ready to develop a tailored strategy and to assist and represent you in the federal and state courts of Puerto Rico and all other agencies where a claim has been brought against you. These administrative forums include the U.S. Department of Labor, the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board and the different offices of the Puerto Rico Department of Labor including the Anti-Discrimination Unit.

Keeping you up to date

We keep our clients informed with updates and legal developments on Puerto Rico employment law matters.  Recent articles are posted on this website.  To subscribe, click on the publications sign up.

Training on legal issues for your business

As a lawyer Puerto Rico employment and workplace issues, Fleming has participated in speaking engagements sponsored by professional organizations such as the National Business Institute, Puerto Rico Bar Association, Inter American University School of Law, Puerto Rico Chamber of Commerce, Puerto Rico Manufacturers Association and the  Food & Marketing Association.  Topics have included:

  • Sexual harassment under P.R. and U.S. law
  • Domestic Violence under P.R. law
  • Discrimination
  • Progressive & corrective discipline
  • Wrongful discharge
  • Confidential information, non-competes
  • Compliance, prevention and solutions.
  • Workplace violence
  • Leaves of absence under federal and state laws
  • Legal trends
  • Judicial developments of federal and Puerto Rico employment laws 
  • Federal and Puerto Rico labor law

For further information contact Robert A. Fleming, your Puerto Rico attorney – employment law matters.