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
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
The Puerto Rico Supreme Court (PRSC) recently held that that a felony indictment constitutes just cause for termination under Puerto Rico’s Unjust Dismissal statute, Act No. 80 of May 30, 1976 (Act 80)....more
5/8/2019
/ Appeals ,
Burden of Proof ,
Criminal Prosecution ,
Employee Handbooks ,
Employer Liability Issues ,
Felonies ,
Hiring & Firing ,
Just Cause ,
Puerto Rico ,
Summary Judgment ,
Supreme Court of Puerto Rico