KEY EMPLOYMENT LAWS ENACTED DURING 2006

Here are five of the most notable employment laws enacted in Puerto Rico during 2006.  They apply to private companies and employers:

WORKERS COMPENSATION

# 284 12/22/2006: Amends Puerto Rico's Workers Compensation Law, No. 45  of April 18, 1935, to include under the definition of employee those that work for their employers from their homes.

SEXUAL HARASSMENT

# 252 11/30/2006:  Amended the Island's sexual harassment statute.  It broadened the definition of sexual harassment to include acts committed via Internet and  all electronic means including email.  See my 12/23/06 entry.

WORKPLACE VIOLENCE

# 217 09/29/2006: Requires all employers in Puerto Rico to adopt an internal process ("Protocol")  to deal with domestic violence  in the workplace. See my 12/05/06 entry.

BREASTFEEDING

# 239 11/06/2006: Amends Act 427 that regulates the period to breastfeed or to express breast milk to increase the period to one hour (which can be  further subdivided in two 30- minute or three 20- minute periods). Private employers that fall under the definition of Small Business, as defined by the Small Business Administration (SBA), need only provide half an hour per  shift. The definition of what constitutes a small business, varies from industry to industry (generally based on number of employees or average annual receipts ) so, employers need to do some homework with the SBA or consult their attorney. I do not understand why did the legislature chose such a needlessly complicated definition as opposed to  providing a cut-off number based on  payroll, for example. Regardless, I suspect the majority of private employers in Puerto Rico will fall under the SBA  exemption.

PRIVACY

# 207  09/27/2006: To restrict private employers from using the Social Security number as a means of identifying  employees.