Employer contracts with a certified or registered broker as independent contractor to provide brokering services for employer as specified and agreed upon in the contract.
Puerto Rico Broker Agreement - Self-Employed Independent Contractor
State:
Multi-State
Control #:
US-INDC-133
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Broker Agreement - Self-Employed Independent Contractor?
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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. For stateside employers, that is the easy part.
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).
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.
Even though you may be covered by these laws, your employee may not be. Title VII and the ADA protect any U.S. citizen employed outside of the United States, absent any conflict with foreign law (not a foreign practice, policy, custom or preference) or employed in the U.S. by a foreign employer.
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.
Employers cannot accept an ITIN as a valid employee identification for work eligibility. The IRS will penalize companies and resident and non-resident aliens who use ITINs for U.S. employment verification purposes. Anyone assigned an ITIN who becomes eligible to work in the U.S. must apply for a social security card.
Despite the widespread misunderstanding that it is illegal for an employer to pay an employee who does not have an SSN, there is nothing in the law prohibiting it. On the other hand, employers of workers lacking SSNs are still required to pay them. (Sorry, roofing contractors.)
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.