What happened?

On September 13, 2024, Puerto Rico Secretary of Labor Gabriel Maldonado emitted an opinion in which the previous multifactor guidance issued by the Puerto Rico Department of Labor (PRDOL) is revoked.


Quick Summary:

• Puerto Rico’s overtime laws have changed: No specific limits on overtime if extra payment is made.
• Employers must ensure safe conditions and assess the risks of long hours, compensating employees appropriately.

What are the details?

• The legislation on working hours in Puerto Rico has transformed how it penalizes or discourages overtime work.

• Currently in Puerto Rico, there are no legal provisions on working hours that establish additional requirements for overtime work or limit it, provided that the extra payment for such work is made.

• Employers must consider health and occupational safety when requiring or allowing long work hours. The Constitution of Puerto Rico and the Occupational Safety and Health Act mandate safe working conditions.

• Furthermore, there may be federal regulations or statutes that limit working hours for specific industries, positions, or tasks, especially those considered dangerous.

• Long working hours can increase the risk of injuries and accidents, affect health, and increase worker fatigue.
  • Employers must assess the risks associated with extended working hours and be attentive to employee well-being as required to preserve occupational health and safety in the workplace.

• If requiring or allowing work beyond the ordinary working hours, they must compensate employees extraordinarily as appropriate.

Business Considerations

• Employers should monitor the current legislation on working hours and overtime. While there are no additional legal requirements beyond paying the overtime rate, be aware that the Legislative Assembly can change this situation by establishing new or enhanced requirements.
• Employers should always consider the health and safety of employees when requiring or allowing overtime. Ensure that working conditions are safe and healthy, as mandated by the Occupational Safety and Health Act and the Constitution of Puerto Rico.
• Employers should be aware of any federal regulations that may limit working hours for specific industries, positions, or tasks, especially those considered dangerous.
• Employers should evaluate the risks associated with extended working hours, such as increased injuries, accidents, health issues, and worker fatigue. Implement measures to mitigate these risks.

Source References

• Puerto Rico Department of Labor Opinion Overtime Act 379 (In Spanish)
• What Puerto Rico Labor Secretary’s New Overtime Interpretation Means for Employers (Jackson Lewis P.C.)

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