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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.
Minimum Wage Rate in the U.S. Virgin Islands is $10.50 per hour. Time and a half of the regular hourly rate must be paid for all hours worked over 8 hours each day and for over 40 hours in any work week including any hours worked on the 6th and 7th consecutive day of work.
Section 29 CFR 825.105(b) of the FMLA regulations states that the FMLA applies only to employees who are employed within any State of the United States, the District of Columbia or any Territory or possession of the United States. Territories or possessions of the United States include Puerto Rico, the Virgin Islands
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.
All 50 states in the U.S. and Washington, D.C. are at-will employment states. However, some states have exceptions. One limitation is the public policy exception. This means that an employer can't fire an employee if it violates the state's public policy doctrine or a state or federal statute.
Minimum Wage Rate in the U.S. Virgin Islands is $10.50 per hour. Time and a half of the regular hourly rate must be paid for all hours worked over 8 hours each day and for over 40 hours in any work week including any hours worked on the 6th and 7th consecutive day of work.
The world's employment law regimes really divide into two parts: there's employment at-willwhich is only the U.S.and then there's everybody else. Don Dowling Jr. told us in a recent BLR webinar. Most other countries have indefinite employment.
Montana is the only state in the U.S. that is completely not at-will. All other states in the U.S. have some version of at-will employment. In Montana, employers can practice at-will employment during a probationary period only. Other states do have exceptions to at-will employment.
Unlike virtually all U.S. jurisdictions, Virgin Islands law incorporates an exception to the common law employment-at-will doctrine for certain categories of nonunionized private sector employees.
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.