Labor-Employment Lawyer Puerto Rico

Our employment law practice  offers executives and corporate clients experienced, high-stakes and sophisticated,  representation concerning all aspects of federal and state employment-related legal matters.

Although most federal labor and employment laws apply in Puerto Rico-  the jurisdictions  are very apart when it comes to workplace culture and  laws that relate to employment. Thus labor-employment lawyers in Puerto Rico are a critical component of your human resources strategy.

For more than twenty years we  have worked with clients  to bridge this gap with the folowing services:

Legal Advice to Management on Employment Law matters

As a labor-employment lawyer in Puerto Rico we provde counsel  to businesses on a wide range of employment issues pertaining  Puerto Rico and Federal Law; from establishing operations in Puerto Rico to restructuring, closing or transfer of business ( assistance to both buyers and sellers). Matter include:

  • Responding to Equal Employment Opportunity Commissions and State Civil Rights Commissions charges of discrimination;
  • Handling discrimination litigation on the basis of age (ADEA), disability (ADA) and Title VII cases (race, color, sexual harassment, and discrimination);
  • Advising employers on the implementation of the Family and Medical Leave Act;
  • Advising employers contemplating plant closures or mass layoffs about compliance with Worker Adjustment and Retraining Notification Act
    (WARN).

Legal Advice to  key employees as it relates to their employment

  • Advising employees on entering or terminating employment contracts, waivers, releases, consulting and outsourcing agreements ;
  • Advising employees on  non-compete  agreements and other restrictive covenants and conditions of employment;
  • Advising employees on workplace issues such as conflicts with supervisors, harassment,  reprisals, performance, discipline and changes i workinng conditions.

Legal Issues of Talent Management

We partner with our clients to navigate the full cycle of the employment relationship as it relates to workplace law.  We collaborate to create proactive strategies to deal with individual or collective legal issues that may arise during the hiring,  managing or disciplinary process.

HR Policies and Procedures – We provide practical advice on  day-to-day employment law-related issues our clients face.  We can also provide  assistance in drafting, reviewing and updating employment policies and procedures.

Due Diligence

Performing due diligence checklists  on employment law matters, including  assessing all contracts to determine  rights and obligations before costly transactions are made.

Preventive Strategies

Collaboration with employers to develop policies  and procedures to prevent employment claims; provide support in internal investigations and compliance audits. Areas include:

  • Advising clients regarding Fair Labor Standards Act compliance, including wage and hour laws, minimum wage and overtime issues and determining whether employees are exempt from minimum wage and overtime requirements.
  • designing, drafting and implementing policies of all types,including discipline and discharge policies, employee handbooks,personnel policies and affirmative action plans

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.

Workers Compensation

All employers must obtain workmen compensation insurance from the Puerto Rico State Insurance Fund Corporation. This insurance provides compensation to employees for work-related accidents or conditions, including occupational diseases.  A covered employer is not subject to suits for employment-related accidents. The Compensation System for Work-Related Accidents Act protects the employee’s right to reinstatement for 12 months after an accident. It is the duty of every employer to insure his or her employees against all work-related injuries, illnesses or death with the Fund. I work with employers to assure full compliance with the Fund and thus avoid costly liability issues.   Comprehensive advice includes planning positive Occupational Safety and Health Administration(OSHA) compliance programs,handling inspections, citations and
litigation.

Executive Employment  Key Man Contracts

Close collaboration  with clients to structure and negotiate favorable terms in critical employment contracts pertaining to key individuals; whether it be in sales, IT, filling an executive role or working out the details of a promotion from within the company;  guidance and legal representation in enforcing contracts to the extent permitted by law.

Wrongful Discharge – Termination

An employee hired for an indefinite term who is discharged without just cause is entitled to severance pay.  The amount varies depending on the salary and years of employment. Given that the employer has the burden to show cause, it is common for terminated employees to file wrongful discharge claims. All clients receive comprehensive legal assistance to clients in aggressively defending employment claims.

Proceedings before the Department of Labor of Puerto Rico

The Puerto Rico Department of Labor and Human Resources  is the primary government agency charged with establishing and implementing employment law on the island. In addition, the Secretary of Labor has the duty to investigate every complaint alleging the violation of any labor-protecting laws such as wage & hour, discrimination, wrongful discharge,  meal periods, Christmas bonus and many others.  Clients receive  comprehensive advise and full representation on  all investigations initiated by the Department.