Puerto Rico Request for Dual Employment
Description
How to fill out Request For Dual Employment?
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FAQ
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.
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.
Puerto Rico is not an employment-at-will jurisdiction. However, employers are allowed to terminate employees at will during an initial probationary period.
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.
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.
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.
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.
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.
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.
