[Your Name] [Your Title/Position] [Company/Organization Name] [Address] [City, State, ZIP] [Date] [Employee's Name] [Employee's Address] [City, State, ZIP] Subject: Denial of Overtime Request Dear [Employee's Name], I hope this letter finds you in good health. I am writing to discuss your recent request for overtime compensation. After careful consideration, I regret to inform you that your request for overtime has been denied. At [Company/Organization Name], we value our employees' dedication and commitment to their work. However, there are certain circumstances and policies that govern the approval of overtime requests. Firstly, it is crucial to mention that our company policy strictly regulates the allocation of overtime work based on business needs, project deadlines, and operational requirements. These guidelines ensure that our workforce maintains a healthy work-life balance and that resources are utilized efficiently. In your specific case, the nature of your position and the current workload did not warrant the approval of overtime. As an exemplary employee, your normal working hours are meticulously planned to fulfill your job responsibilities effectively, taking into account your skills, qualifications, and expertise. Therefore, granting overtime in this instance would not align with our operational requirements. However, I want to emphasize that your dedication and hard work are highly appreciated within our organization. We understand that there may be occasions when unforeseen circumstances arise that require additional hours to complete a task. In such cases, we encourage our employees to request time off in lieu of overtime payment, subject to approval by your immediate supervisor. In conclusion, we acknowledge your commitment and contribution to our organization's success, but unfortunately, we cannot approve your request for overtime compensation at this time. We encourage you to discuss any concerns or issues with your immediate supervisor, who will provide assistance or guidance as needed. Thank you for your understanding in this matter. We look forward to your continued dedication and efforts in.
Puerto Rico Sample Letter for Denial of Overtime
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FAQ
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don't do the overtime you've agreed to.
Act 80 (the Unjust Dismissal Act) regulates employment termination of employees hired for an indefinite term. Puerto Rico is not an 'employment at will' jurisdiction.
According to Puerto Rico Act Number 379 of (Law No 379), which covers non-exempt (hourly) employees, eight hours of work constitutes a regular working day in Puerto Rico and 40 hours of work constitutes a workweek. Working hours exceeding these minimums must be compensated as overtime.
Domestic workers, government employees, and white-collar executive, professional, or administrative workers are all completely exempt from overtime pay under Puerto Rico law.
Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.
An employer must make the salary payments on the 15th of the month. In Puerto Rico, 13th-month payments are mandatory. Employers with a workforce in excess of 21 employees must by law pay a 13th-month salary in December equating to 2% of the employees' wages or not more than 600 USD.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
