Puerto Rico Work Hours and Reporting Policy
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How to fill out Work Hours And Reporting Policy?
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FAQ
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.
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.
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.
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.
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.
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.
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.
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.
The FLSA applies only to employers whose annual sales total $500,000 or more or who are engaged in interstate commerce. Originally the FLSA prohibited child labor; it has since been expanded to prohibit wage disparity due to gender and discrimination due to age.
Normal Working Hours The regular work shift for non-exempt employees is 8 hours per day and a regular workweek of 40 hours per week. The workweek will begin on the day and time that the employer determines and so the employer will notify the employee in writing.
