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News / Publications
Mar07
Category: Labor and Employment Law

THE REPEAL AND UNCERTAIN FATE OF LAW NO. 41-2022

This Court’s decision is not final yet.  According to some government spokespersons, including the Secretary of Labor and Human Resources of Puerto Rico, they are analyzing the legal grounds that support the decision and will determine if the best course of action is to appeal.  However, given this swift action and decisive language used by the Court, in addition to the good track record of the Board in PROMESA cases, it is likely that the decision will be upheld.  Moreover, the least that is needed at this moment is further confusion and instability from a government appeal. 

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Publications Categories

Corporate Law Labor and Employment Law Litigation and Trial Practice Tax Law Data Privacy, Cybersecurity and Information Management
Nov 10

AMG win in PR Court of Appeal in a discrimination and retaliation case

AMG’s Labor and Employment Practice Team secured a win before the Puerto Rico Court of Appeals in a discrimination and retaliation case and a reversal of a penalty over an awarded bonus payment to an exempt employee.
Oct 17

AMENDMENTS TO PUERTO RICO SEXUAL HARASSMENT IN THE WORKPLACE ACT

headlines when it fined a political party in Puerto Rico in the amount of $30,000, in connection with a sexual and workplace harassment claim. Among other findings, the Office for Women’s Advocacy determined that the political organization in question had failed to have protocols and procedures to handle sexual harassment claims.
Jul 11

The Labor Reform of 2017 and Law Number 41-2022:  One step forward two steps back

On June 20, 2022, the governor of Puerto Rico signed into law the long-awaited amendments to Law No. 4-2017, the Labor Transformation and Flexibility Law of 2017 (also known as the Labor Reform of 2017). Now, with the benefit of an opinion of the Secretary of Labor and Human Resources of Puerto Rico issued on June 28, 2022, and a presentation by such agency on June 30, 2022, we have a better view of the scope of Law No. 41-2022, which is effective on July 20, 2022. For micro businesses and PYMES (small and medium enterprises) as defined in Law No. 62-2014, the provisions of Law No. 41-2022 will be effective ninety (90) days after its approval.
Jun 28

Dobbs v. Jackson Women’s Health Organization: The Supreme Court of the United States overturns Roe v. Wade. What is its impact in Puerto Rico?

On June 24, 2022, the Supreme Court of the United States (“SCOTUS”) overturned Roe v. Wade, holding that there is no constitutional right to choose an abortion. Under the Court’s rationale, the States now are free to delimit via legislation the scope of abortion rights within their jurisdictions.  
Mar 31

AMG’s Intellectual Property Team Prevails before the Puerto Rico Supreme Court

In its first decision on trademark issues in over 15 years, the Puerto Rico Supreme Court unanimously validated the arguments presented by Luis A. Oliver-Fraticelli and Alexandra Casellas, part of AMG’s intellectual property litigation team. In the last court opinion written by retiring justice Anabelle Rodriguez, the Court held that the term “pet-friendly” is a generic term and thus incapable of being appropriated as a trademark or afforded legal protection as such, regardless of any alleged secondary meaning.

Oct 29

New Minimum Wage and other amendments to the waste statutes

On September 21st, 2021, the governor of Puerto Rico, Pedro Pierluisi, signed into law the Puerto Rico Minimum Wage Act, Act 47-2021 (hereinafter the “Act”). When he made the announcement, Pierluisi expressed that, after more than 12 years without a raise to the federal minimum wage of $7.25 per hour, now through the PR Minimum Wage Act, on January 1st, 2022, the minimum wage salary in Puerto Rico will be raised to $8.50 per hour.
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