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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.
Hours & Pay Regulations. The regular work shift for non-exempt employees is 8 hours per day and a regular workweek of 40 hours per week.
Puerto Rico establishes a special overtime rate of double an employee's normal hourly rate for any hours worked over 8 in a single day, or over 40 in a week. This is higher then the standard overtime rate of time-and-a-half, or one and a half times an employee's normal pay rate.
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.
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.
Puerto Rico's state minimum wage rate is $8.50 per hour. This is greater than the Federal Minimum Wage of $7.25. You are entitled to be paid the higher state minimum wage.
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.
Domestic workers, government employees, and white-collar executive, professional, or administrative workers are all completely exempt from overtime pay under Puerto Rico law.