Labor and employment issues present a challenge for every business. Here in Puerto Rico; however, our dual legal system which applies U.S. federal and local laws can amplify these challenges.
Our Labor & Employment Practice has the depth and breadth of experience to advise our clients on the full spectrum of local and federal employment and labor laws. We counsel and advise management on matters from recruitment to retirement to ensure that they are equipped to anticipate and effectively deal with labor and employment issues while maintaining their competitive advantage, promoting a positive work environment and complying with all applicable rules and regulations.
We offer comprehensive counseling and representation in all forums and major labor and employment practice areas, including:
- human resources compliance audits and record keeping
- hiring, performance improvement and disciplinary practices
- employment discrimination and retaliation
- business immigration
- employee handbooks and workplace policies and protocols
- labor and employment aspects of corporate mergers, acquisitions, business transfers and similar transactions
- reductions in workforce, job eliminations, closings and reorganizations
- privacy in the workplace, video and electronic surveillance and electronic and social media concerns and practices
- workers’ compensation, non-occupational disability and unemployment benefits
- leaves of absence, wage and hour and employment classifications
- employee benefits, e.g., design, establishment, operation and administration of employee benefits plans under ERISA
Our clients come from a wide-variety of industries and sectors with operations in Puerto Rico, the US and internationally.
Our Labor & Employment Practice has been shortlisted for the past 3 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 (“Nani”) Marchand-Sánchez, have been recognized as Ranked Lawyers. Luis Omar Rodríguez, received a recent recognition in Chambers Latin America for the 2015-2016 period.
Representative Matters and Transactions:
- 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 health care 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 $1,200,000.00.
- 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.
- May 2014. Achieved dismissal and a no cause determination 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.
We represent companies in varied industries and sectors including retail, food and beverages, taxes, technology, health care insurance, non-profit, supplemental education services, pharmaceutical and manufacturing, content monetization, waste disposal, architecture, aviation, cable TV services, among others.