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As Puerto Rico is subject to US federal law, to qualify as an exempt or "white-collar" employee, an employee must meet the requirements of the Fair Labor Standards Act (FLSA).
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.
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. For stateside employers, that is the easy part.
All in all, even if you have to hire employees in Puerto Rico, the process is relatively simple and straightforward. You can take advantage of a highly skilled labor force that works for significantly lower wages than in the US while enjoying Puerto Rico's generous tax incentives.
At-Will Employment States:All states in the U.S., excluding Montana, are at-will. Most do have exceptions, but the states of Florida, Alabama, Louisiana, Georgia, Nebraska, Maine, New York, and Rhode Island do not allow any exceptions.
Whether you're a seasoned digital nomad or a first-time remote worker, you can relocate to Puerto Rico Opens in new window for a few weeks, a few months, or moreno applications, visas, or passports required for U.S. citizens. Discover how easy, exhilarating, and vibrant work in full color can be.
Can US companies hire foreign workers? Yes, US companies can hire foreign workers either as full-time employees or independent contractors, with the option of either working remotely in their home country or relocating to the US with the relevant labor certification and visa.
In short, because Puerto Rican workers are U.S. citizens, the process is quite simple. This process can include using a third-party recruiting agency or sourcing directly from the island, which bear varying levels of cost.
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.