Puerto Rico Memorandum - Employment of Relatives in the Same Department

State:
Multi-State
Control #:
US-194EM
Format:
Word; 
Rich Text
Instant download

Description

This memo is directed to human resources and addresses any potential conflicts of interest regarding employment of relatives.

How to fill out Memorandum - Employment Of Relatives In The Same Department?

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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.

Companies looking to hire workers from Puerto Rico must comply with Public Law 87. It requires employers who are recruiting on the island to obtain authorization by the Secretary of Labor and Human Resources of Puerto Rico, according to Odemaris Chacon, a labor attorney with Estrella, based in Puerto Rico.

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.

Form 499-R-1C (Adjustments to Income Tax Withheld Worksheet) Form 499R2/W2PR (Withholding Statement) - This withholding statement is the Puerto Rico equivalent of the U.S. Form W2 and should be prepared for every employee. The form comes in five copies.

In Puerto Rico, the payroll frequency is bi-weekly, monthly or semi-monthly. An employer must make the salary payments on the 15th of the month. In Puerto Rico, 13th-month payments are mandatory.

As an unincorporated territory of the United States, US federal laws apply in Puerto Rico, including federal labour and employment laws. The Puerto Rico Constitution, multiple labour and employment statutory and regulatory provisions and court decisions also govern the employment relationship.

Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.

Some federal laws that affect this relationship are the Fair Labor Standards Act (wages, hours, and minors), the Civil Rights Act (prohibiting discrimination on the basis of race, color, gender, religion, or disability in the hiring, discharge, compensation, promotion, or training of employees), the Occupational Safety

Companies looking to hire workers from Puerto Rico must comply with Public Law 87. It requires employers who are recruiting on the island to obtain authorization by the Secretary of Labor and Human Resources of Puerto Rico, according to Odemaris Chacon, a labor attorney with Estrella, based in Puerto Rico.

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.

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Puerto Rico Memorandum - Employment of Relatives in the Same Department