Overview
Labor and employment issues present a challenge for every business. In Puerto Rico, our dual legal system of federal and local laws amplifies these challenges. Our practice has extensive experience and the know-how to advise our clients on the full spectrum of local and federal employment and labor laws. We help companies anticipate and effectively deal with labor and employment issues, comply with all applicable rules and regulations, and promote a positive work environment, all while helping them maintain their competitive advantage.
We are experienced litigators who handle and effectively resolve employment-related litigation in all stages. We work to address appropriately and strategically each of our client’s unique challenges in litigation, from pre-litigation consultations, to getting witnesses ready for trial up to appellate procedures. In the process we partner with our clients to minimize reputational risks, not only understanding the effect of litigation on corporate image and brand, but also within the organization. Our attorneys also craft innovative and practical strategies to handle complex cases and high stakes situations with a forward vision to mitigate future implications.
We Handle
Our multidisciplinary approach enables us to guide our clients effectively through everyday matters up to complex litigation. Using a proactive and insightful approach we keep sight of our clients’ needs and goals to better guide them into solutions that work best for them from an economic, strategic and business standpoint.
— Advisory, compliance and consulting work regarding:
- Employee handbooks, workplace policies, and protocols
- Workplace training
- Restrictive covenants
- Human Resources compliance audits and record keeping
- Hiring, performance management and termination
- Executive contract and compensation
- Background checks
- Investigations
- Data privacy in the workplace, video and electronic surveillance, and social media concerns and practices
- Wage and hours
- Pay Equity and compensation
- Staffing, flexible work arrangements, employment classifications and independent contractors
- Workers’ compensation, non-occupational disability, and unemployment benefits
- Leaves of absence and disability accommodation
- Religious Accommodations
- Workplace violence
- Federal contractors and subcontractors
- Design, establishment, operation, and administration of employee benefits plans under ERISA.
— Employment Litigation
- ADA
- Employment discrimination and retaliatory practices
- Equal Pay litigation
- Sexual harassment
- Workplace harassment
- FMLA and other protected leave claims
- Wage and hour actions
- Whistleblower and retaliation actions
- Wrongful / Unjust Dismissal
- Trials and Appellate practice
- Arbitration and mediation
— Transactions
- Business restructuring
- Mergers and acquisitions, business transfers, and similar transactions representing buyers and sellers
- Reductions in workforce, job eliminations, closings, reorganizations and recall procedures
- WARN Act
- Performance of due diligence to review and assess clients’ rights and obligations
- Guidance and partnering with human resources professionals through post-closing initiatives and strategies
- Drafting executive contracts, severance agreements and mechanisms to protect assets
- Reviewing and providing guidance related to benefits issues, welfare plans, retirement plans
Industries
Our team is experienced in representing leading national and international employers as well as start-ups and emerging businesses. This wide perspective gives us an advantage to assist our clients with a vast range of issues and during various phases of their business. The breadth of our experience expands across industries such as:
- Media, broadcasting industry
- Food and Beverage
- Hospitality, Fitness
- Staffing and Independent Workforce
- Financial and accounting services
- Retail
- Research and Development
- Healthcare industry and insurance
- Pharmaceutical
- Manufacturing
- Technology
- Waste disposal
- Architecture
- Aviation
- Government contractors
- Nonprofits
- Start-ups and emerging businesses
- Higher Education and supplemental education services
Representative Matters and Transactions
- Vélez Valdivieso v. MMM Holdings LLC, PO2018 CV00139 (2019) Court of Appeals affirmed summary judgment in favor of employer with respect to 7 former employees alleging unjust and constructive discharge for alleged retaliation for claiming commissions. All claims, with approximately $1M in potential exposure, were dismissed with prejudice.
- Carmen Rodriguez-Cardi v. MMM Holdings, Inc., 936 F.3d 40 (1st Cir. 2019) (The First Circuit Court of Appeals upheld the summary judgment in favor of employer finding that plaintiff’s age-based discrimination claims lacked foundation.)
- Frankie Quiles v. Seaborne Airlines, Civil No. D AC2016-0615 (Court of First Instance, San Juan, August 15, 2016). Successfully represented international client in the aviation industry by achieving dismissal due to lack of subject matter jurisdiction resulting from arbitration agreement of a judicial claim for alleged unjust dismissal and damages.
- Rivera-Coll, Hernández-Agostini, Malavet Rivera v. MMM Holdings, Inc., Civil No. ISCI201700408, successfully defended a wrongful termination claim filed by three former employees and obtained summary judgment in favor of client. The judgment was confirmed by the Puerto Rico Court of Appeals and the Puerto Rico Supreme Court denied certiorari.
- Delia Pabón Ramírez et al v. MMM Healthcare, Inc., 2014 WL 1797041, D. Puerto Rico, April 29, 2014 (Civil No. 12-1743 (JAF). Successfully represented one of Puerto Rico’s largest healthcare insurance companies in this federal court litigation in which the court granted defendants’ motions to dismiss, motions to alter judgment and motions for summary judgment dismissing all of plaintiffs’ state and federal claims for alleged disability and age discrimination, constructive discharge, retaliation, hostile work environment and damages, among others.
- Cabrera-Ruiz v. Rocket Learning, Inc. Slip Copy, 2011 WL 1810630, D. Puerto Rico, May 11, 2011 (Civil No. 10-1865 (JAF). Successfully represented major national provider of supplemental educational services in this federal litigation in which the court dismissed plaintiffs’ age discrimination, constructive discharge and hostile work environment claims.
- Oscar Silva Colón v. Medical Card System Inc., Civil No. J PE2012-0548 (605), (Court of First Instance, Ponce, February 26, 2015). Successfully represented one of Puerto Rico’s largest healthcare insurance companies in this state court litigation in which the court entered judgment dismissing plaintiff’s claim for unjust dismissal, after reaching the conclusion that the employer’s decision to terminate plaintiff’s employment was based on legitimate business reasons and repeated misconduct.
- Elsa Marte v. Rainbow Apparel, Civil No. C PE2010-0359 (401), (Court of First Instance, Arecibo, August 14, 2014). Successfully represented a nationally renowned retail apparel chain in an unjust dismissal, age discrimination and wage and hour claim by obtaining partial summary judgment dismissing plaintiff’s wage and hour claim based on holding that she was an exempt employee.
- Glorimar Rivera v. SW Management Services, Civil No. J PE2012-0616 (Court of First Instance, Ponce, March 13, 2015). Successfully represented an international client in the fast-food industry achieving partial dismissal of complex causes of action for violation of reinstatement rights under Puerto Rico’s Workers’ Compensation Act and retaliation under Puerto Rico’s anti-retaliation statute in the context of a judicial case filed in local state court by a former employee seeking damages in excess of $1.2 million.
- April 2014. Achieved dismissal and a no cause determination in favor of employer in the beauty and makeup industry in an administrative claim seeking remedies in excess of $85,000, filed in the Puerto Rico Department of Labor’s Bureau of Employment Norms (a notoriously pro-employee forum) for alleged unjust dismissal, wage and hours and misclassification by a former independent contractor.
- Achieved dismissal and a no cause determination in May 2014 in favor of employer in the mobile entertainment industry in an administrative claim seeking severance remedies filed in the Puerto Rico Department of Labor’s Bureau of Employment Norms by former employee.
- Counsel to a multinational petroleum company in the acquisition of a corporation controlling multiple service stations and other distribution facilities in connection with corporate, labor, real estate and tax matters.
Recognition
- Shortlisted for the past three years by Chambers & Partners as one of Puerto Rico’s top labor and employment law departments.
- Three of our partners, René Avilés-García, Katherine González-Valentín and María Judith Marchand-Sánchez, have been consistently recognized as Ranked Lawyers by Chambers & Partners.
- Katherine González-Valentín has been recognized since 2017 by Best Lawyers and recognized as Lawyer of the Year in Labor and Employment Law in 2023.
- René Avilés-García, has been recognized since 2014 by Best Lawyers in Employee Benefits Law, Tax Law and Trusts and Estates.
- María Judith “Nani” Marchand-Sánchez has been recognized since 2017 by Best Lawyers in Labor and Employment Law.
- Patricia M. Marvez Valiente has been recognized since 2023 by Best Lawyers in Labor and Employment Law.
