Puerto Rico Written Warning to Employee
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How to fill out Written Warning To Employee?
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FAQ
Wage and hour coverage in Puerto Rico for non-exempt employees is governed by the US Fair Labor Standards Act (FLSA) as well as local laws.
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.
Employers are not required to give at-will employees any advance notice or warnings before firing them. That said, an employee with a good record, fired out of the blue or for a suspicious reason, may wish to consider whether the employer had an illegal, hidden motive for the termination.
Puerto Rico is not an employment-at-will jurisdiction. However, employers are allowed to terminate employees at will during an initial probationary period. The probationary period in Puerto Rico used to be limited to ninety (90) days, provided the agreement was in writing.
No. You don't even need a passport. For U.S. citizens, traveling to and working in Puerto Rico is like traveling to or working in another state. U.S. citizens only need a valid driver's license to travel to and work from Puerto Rico.
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.
Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws.
Puerto Rico does not have a local WARN statute. In which circumstances may an employer dismiss an employee without notice or payment in lieu of notice?
Puerto Rico has enacted the Minimum Wage Act, Act No. 47-2021, increasing the Island's minimum wage from $7.25 to $8.50 effective January 1, 2022.
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.
