What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers
According to Puerto Rico Secretary of Labor Gabriel Maldonado, neither the Constitution of Puerto Rico nor P uerto Rico Act 379 imposes any limitations on employers requiring overtime work of employees beyond paying a specific premium rate . Secretary Maldonado’s Sept. 13, 2024, Opinion revokes the previous multifactor guidance issued by the Puerto Rico Department of Labor (PRDOL). Previous Guidance The Puerto Rico Constitution mandates that workers have a right to an ordinary work schedule not exceeding eight hours in a day . Any time worked over eight hours must be paid at no less than one and one-half times the rate established by law. Puerto Rico Act 379 provides that any time worked over eight hours in a calendar day and over 40 in a week must be compensated generally at one and one-half times the regular rate of pay. PRDOL guidance had interpreted the law to mean that overtime work should be an exception, and not the norm. Thus, employers could only require workers to work ...