Puerto Rico Overtime Report
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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.
Overtime payments are commonly called the overtime premium or the overtime rate of pay. The most usual rate for overtime hours is time and a half, and that is 50% more than employee's standard wage. It means that for every hour of overtime, you receive an equivalent of 1.5 the regular hourly rate.
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.
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.
If you earn more then the Puerto Rico minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. 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.
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.
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.
Domestic workers, government employees, and white-collar executive, professional, or administrative workers are all completely exempt from overtime pay under Puerto Rico law.
