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The total of the amounts to be paid by reason of said bonus should not exceed 15% of the net annual profit of the employer for the period from October 1 of the preceding year to September 30 of the current year. 29, §§171 , establishes the requirements for the payment of wages to non-exempt employees.
Should the total exceed that percentage, the employer may submit a request for an exemption to the Secretary of Labor and Human Resources. 201 (FLSA) currently establishes a minimum wage for non-exempt employees of .25 per hour. The payment of wages may be executed on a weekly basis, on a biweekly basis or every 15 days.
The topics generally cover the start of operations, the hiring of employees, wage and hour issues, employment discrimination and retaliation, leaves of absence, individual rights, welfare benefits, labor law and union matters, and employment termination. It should be noted that a written contract is not required for an employer-employee relationship to arise. TEMPORARY EMPLOYMENT Temporary employment for a fixed term or for the performance of a specific job is regulated by Article 11 of Act No. Similarly, if a temporary employee continues to work for the employer after the expiration date of his or her temporary employment contract, the employment relationship becomes one of an indefinite term and the employee will be protected by Act No. Furthermore, according to the opinion of the Supreme Court of Puerto Rico in the case of , 2011 TSPR 137 (2011), it is possible that a court may determine that an individual classified as a temporary employee was really a regular employee if he or she was hired to engage in the regular and usual work of the employer's business and the need to carry out that work either is indefinite or has such a prolonged duration that for practical purposes it becomes indefinite. INDEPENDENT CONTRACTOR An "independent contractor" can be defined as a person who, due to the nature of her function and the form in which she renders her services, turns out to be her own employer. The workweek is a fixed and regularly recurring period of seven consecutive 24-hour periods that does not need to coincide with the calendar week. 29, §273a, provides the option of a flexible work schedule by mutual agreement between the employer and the employee. Also, if an hour worked on the seventh day also constitutes weekly overtime, it is sufficient to pay that hour at double rate to comply with both penalties. A meal period must be for one hour, unless the employer and the employee mutually agree to reduce it.
Section 404 of PROMESA excludes Puerto Rico from the U. Department of Labor's final rule regarding "white-collar" exempt employees (those in executive, administrative or professional positions). Non-exempt employees are also entitled to a second meal period after five consecutive hours of work after the previous meal period.
If an employer fails to withhold or remit the income withheld pursuant to a withholding order or fails to comply with any of the duties imposed by ASUME, at the request of the creditor, the court or ASUME, after due notice to the employer and notice for the holding of a hearing, shall enter judgment for the total amount the employer failed to withhold and remit, plus fines, expenses and interest that may be imposed, and shall order the collection of the same on the property of the employer.
In the event that an employee terminates his or her employment, the employer shall notify the court or ASUME of the employee's last known address and the name and address of the new employer, if known, within 30 days following the date of the employee's termination. 8, §§541 This law granted the Child Support Administration (ASUME, by its acronym in Spanish) the necessary duties and powers to establish a State Register of New Employees (RENE, by its acronym in Spanish), as required by the PRWORA.
It provides that courts should enforce the literal sense of a written contract unless the words are contrary to the intent of the parties. 6019 of September 23, 1999, provides, among other things, the requirements with which the employer must comply to request the extension. There is no statutory limit as to the maximum duration of a contract for a fixed term. Any work performed in excess of these limits will be considered overtime work and must be compensated accordingly. However, this higher daily overtime rate is available only to those employees who were working for an employer before August 1, 1995, in an industry covered by a mandatory decree that provided a higher overtime rate for hours worked in excess of eight during the workday and who have remained employed uninterruptedly with that employer. 29, §283, requires an employer to grant all non-exempt employees a meal period commencing not before the end of the third hour of work and not later than before the beginning of the sixth hour of work.
31, §3471, regulates the manner in which courts should interpret contracts, including employment contracts. The Regulation of the Temporary Employment Contract, Act No. 29, §271 ., provides that the regular work shift for non-exempt employees is one of eight hours per day and a regular workweek is 40 hours. A mandatory decree or wage order of the Puerto Rico Minimum Wage Board may provide for a higher daily overtime rate.