NLRB Adopts Expanded Joint-Employer Rule
November 2, 2023
On October 27, 2023, the National Labor Relations Board (“NLRB”) published a final rule adopting a new standard for determining joint-employer status. This new rule replaces a prior rule issued by the NLRB in 2020. Notably, the final rule replaces the prior “substantial direct and immediate control” standard with an analysis of whether the putative joint employer has the...
Puerto Rico Enacts New Workplace Protections for Athlete Mothers
October 30, 2023
On October 4, 2023, Governor Pedro R. Pierluisi signed into law the Puerto Rico Athlete Mothers Protection Act (Act No. 117-2023) to protect the rights of female athletes who are mothers as well. Act No. 117-2023 is set to go into effect on December 4, 2023.
The following is an overview of the key provisions in Act No. 117-2023:
The law prohibits sports federations,...
Act No. 82-2023 Enhances the Rights of Informal Caregivers in Puerto Rico
NOTICE TO CLIENTS AND FRIENDS
Act No. 82-2023 Enhances the Rights of Informal Caregivers in Puerto Rico
The Puerto Rico Informal Caregiver Public Policy Act (“Act No. 82-2023”) was enacted on August 8, 2023 to establish new rights for individuals duly certified as “informal caregivers.” An “informal caregiver” is defined in Act No. 82-2023 as a natural person, conservator, or person in...
DOL Proposes New Rules for White Collar Overtime Exemptions v.2
September 1, 2023
NOTICE TO CLIENTS AND FRIENDS
DOL Proposes New Rules for “White Collar” Overtime Exemptions
On August 30, 2023, the U.S. Department of Labor (DOL) released a Notice of Proposed Rulemaking that would significantly raise the salary thresholds to qualify for one of the three “white collar” exemptions under the Fair Labor Standards Act (FLSA). If the proposed changes go...
Recent judgment by the Puerto Rico Court of Appeals upholding the dismissal of the claims against Monsanto
Sepulvado, Maldonado & Couret’s Managing Principal, Elaine Maldonado-Matías, scored a significant victory on May 10, 2023, when the Puerto Rico Court of Appeals upheld the summary dismissal with prejudice of the unjustified dismissal, disability, and age discrimination claims raised by Plaintiff against Monsanto Caribe, LLC (“Monsanto”).Following the initial judgment,...
PR Act No. 82-2022
On September 28, 2022, the Governor of Puerto Rico signed P.R. Senate Bill 217 into PR Act No. 82-2022. Act 82-2022 amends Puerto Rico’s sexual harassment statute (PR Act No. 17-1988, as amended) to cover interns carrying out work for educational or training purposes, regardless of compensation and to require employers to establish a protocol for sexual harassment investigation purposes....
The Financial Oversight and Management Board of Puerto Rico is seeking the nullification of Act No. 41-2022, commonly known as the New Labor Reform.
On September 1, 2022, the Financial Oversight and Management Board of Puerto Rico (FOMB) filed a complaint in the U.S. District Court for the District of Puerto Rico against Puerto Rico’s Governor Pedro Pierluisi Urrutia (Governor) requesting a declaratory and injunctive relief and the nullification of Act 41-2022, commonly known as the New Labor Reform. Act No. 41-2022 was signed into law by...
A leaked Supreme Court draft opinion suggest that the fate of abortion could rely on each State.
A leaked majority opinion, dated February 2022, published by Politico, and drafted by Supreme Court Justice Samuel Alito, would overturn the landmark 1973 Supreme Court decision that established a constitutional right to abortion in the United States: Roe v. Wade, 410 U.S. 113 (“Roe”).
On May 3, 2022, the authenticity of the leaked draft was confirmed by Chief Justice John G. Roberts...