Puerto Rico Notice to Workers with Disabilities Paid at Special Minimum Wages

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Multi-State
Control #:
US-WH-1284
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PDF
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Description

Every employer of workers with disabilities under special minimum wage certificates authorized by the Fair Labor Standards Act, the McNamara-O'Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act shall display a poster prescribed by the Wage and Hour Division explaining the conditions under which special minimum wages may be paid. The poster shall be posted in a conspicuous place on the employer's premises where employees and the parents or guardians of workers with disabilities can readily see it.

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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.

The current minimum is $7.25 an hour. Puerto Rico's minimum wage will automatically increase to $8.50 per hour on Jan. 1, 2022, and to $9.50 per hour on July 1, 2023, for all employees covered by the Fair Labor Standards Act.

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.

Puerto Rico Minimum Wage for 2021, 2022. 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.

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.

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.

In Puerto Rico, the payroll frequency is bi-weekly, monthly or semi-monthly. An employer must make the salary payments on the 15th of the month. In Puerto Rico, 13th-month payments are mandatory.

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.

The minimum wage under the Fair Labor Standards Act (FLSA) is generally applicable to any state, territory, or possession of the United States such as Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI).

More info

(a)(1) to employees in Puerto Rico for provisions relating to the superseding of subsec. (a)(1) wage rates by wage orders of a special industry committee ... The ADEA prohibits employment discrimination against persons 40 years of age or older. The Older Workers Benefit Protection Act (Pub. L. 101-433) amended ...This chart shows state minimum wage rates in effect as of Jan. 1, 2021, as well as future enacted increases. The Executive order therefore seeks to raise the hourly minimum wage paid by those contractors to workers performing work on or in ... THE PAYMENT OF SPECIAL MINIMUM WAGES TO WORKERS WITH DISABILITIES WAGE AND HOUR DIVISION U.S. DEPARTMENT OF LABOR Section 14(c) of the FLSA The Medicare wages and tips are less than the minimum yearly earningsThese instructions are not applicable to wage and tax statements for Puerto Rico. Effective January 1, 2022, the New Jersey minimum wage is $13.00 per hour for most workers. Learn more about the increase. Home · Tools and Resources ... The largest share of these workers, over 56,000 of them,Raising pay rates across the federal government to a minimum of $15 per hour ... According to a 2001 GAO report, more than 5,600 employers pay the special minimum wages to approximately 424,000 workers with disabilities. This notification is required for some employers, such as employers with a special minimum wage license. This poster details the State of Wisconsin's provisions ...

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Puerto Rico Notice to Workers with Disabilities Paid at Special Minimum Wages