On January 14, 2025, the Supreme Court of Puerto Rico had the opportunity to address the “national origin” protected category under the anti-discrimination provisions of Puerto Rico Act No. 100 of June 30, 1959, as amended...more
On June 30, 2023, the Supreme Court of Puerto Rico issued an Opinion and Order interpreting an employer’s obligation to pay the Christmas Bonus to employees covered by a Collective Bargaining Agreement (CBA). Writing for the...more
In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more
4/19/2022
/ Adverse Employment Action ,
Affirmative Defenses ,
Age Discrimination ,
Damages ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Regulations ,
Puerto Rico ,
Reorganizations ,
Supreme Court of Puerto Rico ,
Wrongful Termination
In Torres Rivera v. Econo, 2021 TSPR 150, 208 D.P.R. __ (Nov. 18, 2021), the Puerto Rico Supreme Court (“PRSC”) determined that when a plaintiff prevails in a discrimination lawsuit, any award of back pay (lost wages) to be...more
12/23/2021
/ Age Discrimination ,
Damages ,
Disability Discrimination ,
Employment Litigation ,
Lost Wages ,
Penalties ,
Puerto Rico ,
Retaliation ,
Supreme Court of Puerto Rico ,
Unemployment Benefits ,
Wage and Hour
Article II, Section 1, of the Puerto Rico Constitution’s Bill of Rights prohibits "discrimination on the basis of race, color, sex, birth, origin or social status, or political or religious ideas." In Garib Bazain v. Hospital...more
An Employee’s Felony Indictment Constitutes Just Cause for Termination -
Precedential Decision by Judiciary or Regulatory Agency -
On April 25, 2019, the Puerto Rico Supreme Court held that a felony indictment...more
7/17/2019
/ Caregivers ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Felonies ,
Gender Identity ,
Hiring & Firing ,
International Labor Laws ,
Labor Regulations ,
New Regulations ,
Puerto Rico ,
Reasonable Accommodation ,
Religious Accommodation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Wage and Hour
The Puerto Rico Supreme Court (PRSC) recently issued an opinion in José Méndez et al v. Carso Construction, 2019 TSPR 19 (May 22, 2019), validating an arbitration clause that covers a claim under the Puerto Rico Unjust...more
6/11/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Enforceability ,
Hiring & Firing ,
Puerto Rico ,
Supreme Court of Puerto Rico ,
Unfair Dismissal