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January 22, 2024

On January 17, 2024, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, signed House of Representatives Bill 1745 into law (the Act). The Act promotes and regulates “out-of-state” employers to recruit or relocate employees to perform remote work in Puerto Rico.

Law to Promote and Regulate Remote Work by “out-of-state” Employers - Puerto Rico

Law to Promote and Regulate Remote Work by “out-of-state” Employers – Puerto Rico

January 9, 2024

Three years ago, the U.S. Department of Labor (DOL) announced a final rule modifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FSLA). See Client Alert of January 7, 2021. The 2021 Independent Contractor Rule focused on two “core factors” to the question of whether a worker is economically dependent on someone else’s business or is in business for him or herself. These were: i) the nature and degree of control over the work; and ii) the worker’s opportunity for profit or loss based on initiative and/or investment.

New Independent Contractor Rule by the US Department of Labor - Puerto Rico

New Independent Contractor Rule by the US Department of Labor – Puerto Rico

December 27, 2023

Effective January 1, 2024, the U.S. Corporate Transparency Act, 31 U.S.C. § 5336 (the “Act”), will require, with some limited exceptions, that all domestic and foreign corporations and other legal entities (“Reporting Companies”) submit certain information about their beneficial owners to the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”).

Corporate Transparency Act’s Imminent Effectiveness and Reporting Requirements – Puerto Rico

Corporate Transparency Act’s Imminent Effectiveness and Reporting Requirements – Puerto Rico

June 30, 2023

On June 29, 2023, the United States Supreme Court issued an opinion in Groff v. DeJoy, 600 U.S. ___ (2023), to “clarify” and change the religious accommodation standard on which employers have relied for almost five decades. Since 1977, courts, agencies, and employers have used the test for “undue hardship” established in Trans World Airlines v. Hardison, 432 U.S. 63 (1977), which excuses an employer from accommodating an employee’s religious belief or practice if the accommodation would require the employer to bear more than a de minimis cost.

U.S. Supreme Court changes the religious accommodation standard / Employment

U.S. Supreme Court changes the religious accommodation standard / Employment

June 26, 2023

The Pregnant Workers Fairness Act (PWFA) goes into effect on June 27, 2023, and requires employers to provide reasonable accommodations for job applicants and employees with known limitations related to pregnancy, childbirth, and related medical conditions.

Pregnant Workers Fairness Act / Puerto Rico

Pregnant Workers Fairness Act / Puerto Rico

March 4, 2023

On June 20, 2022, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, signed Act 41-2022 amending a substantial number of labor and employment provisions including accrual of sick and vacation days, reduction to probationary period, Christmas bonus eligibility, presumption of unjustified dismissal, extension of the statute of limitations for employees to commence legal actions, and others. See: Client Alert of June 21, 2022.

US District Court nullifies the Puerto Rico Labor Reform of 2022

US District Court nullifies the Puerto Rico Labor Reform of 2022

February 27, 2023

On February 22, 2023, the United States Supreme Court issued an opinion in Bartenwerfer v. Buckley, 598 U.S. ___ (2023) ruling that a debtor found liable for their partner’s fraud cannot discharge the debt in bankruptcy, even if the debtor did not personally commit, or has any knowledge of the fraud.In Bartenwerfer, the debtor and her then-boyfriend acted as business partners in buying, renovating, and selling a house for a profit. The debtor’s boyfriend took charge of the project, while she remained largely uninvolved. During the sale, the couple attested that they had disclosed all material facts related to the property.

U.S. Supreme Court rules that a debtor cannot discharge debt resulting from a business partner's fraudulent activity - Bankruptcy

U.S. Supreme Court rules that a debtor cannot discharge debt resulting from a business partner’s fraudulent activity – Bankruptcy

February 24, 2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision establishing new restrictions on employee severance agreements. The Board ruled in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National Labor Relations Act (“NLRA”) when using severance agreements containing overbroad confidentiality and non-disparagement provisions that preclude an employee from assisting coworkers with workplace issues concerning their employer and from communicating with others, including a union and the Board, about his employment.

NLRB renders broad confidentiality and non-disparagement provisions in severance agreements unlawful

NLRB renders broad confidentiality and non-disparagement provisions in severance agreements unlawful

October 31, 2022

Following up on our Client Alert of October 4, 2022, on the mandatory implementation of sexual harassment protocols for employers in Puerto Rico, the Department of Labor and Human Resources of Puerto Rico (DOL PR) published the official template of the protocol for the prevention and management of sexual harassment cases in the workplace. Please follow this for the Protocol Template.

Sexual Harassment Protocol Puerto Rico

Sexual Harassment Protocol Puerto Rico

October 24, 2022

The U.S. Equal Employment Opportunity Commission (EEOC) announced and released the ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers are required by federal law to prominently display the poster at their work sites. The new “Know Your Rights” poster includes these changes:.

New Sexual Harassment Protocol (Puerto Rico)

New Know Your Rights Poster Announcement by the EEOC

October 4, 2022

On September 28, 2022, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, signed into law Act No. 82-2022 (the “Act”) to amend Act No. 17-1988 (“Law to Prohibit Sexual Harassment in the Workplace”). The Act, which is effective immediately, requires employers to implement a protocol to manage sexual harassment incidents in the workplace.

New Sexual Harassment Protocol (Puerto Rico)

New Sexual Harassment Protocol (Puerto Rico)

July 20, 2022

Law 41-2022 of June 20, 2022, enacted a substantial number of labor and employment reforms in Puerto Rico. See Client Alert of June 21, 2022. On June 28, 2022, the Secretary of Labor and Human Resources of Puerto Rico issued Opinion 2022-01 on the prospective effects of the Labor Reform pertaining to probationary contracts. See Client Alert of June 29, 2022.

Recent Developments to PR Labor Reform of 2022

Recent Developments to PR Labor Reform of 2022

June 29, 2022

On June 28, 2022, the Secretary of Labor and Human Resources of Puerto Rico, Hon. Gabriel Maldonado-González, issued Opinion No. 2022-01 (the “Opinion”) on the effects of the amendments by Law 41-2022 to probationary periods in Puerto Rico. These amendments reduced the automatic nine (9) and twelve (12) month probationary period for non-exempt and exempt employees respectively, to three (3) months for all employees. See Client Alert of June 21, 2022 for more information on Law 41-2022.

Prospective Effect Amendments to Probationary Periods Puerto Rico

Prospective Effect Amendments to Probationary Periods – Puerto Rico

June 28, 2022

On June 20, 2022, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, signed Law 41-2022 amending a substantial number of labor and employment statutes including Law 4-2017 (“Labor Transformation and Flexibility Act”); Law 378-1948 (“Law to Establish Work Schedule in Puerto Rico”); Law 289-1946 (“Day of Rest Act”); Law 180-1998 (“Vacation and Sick Leave Act”); Law 148-1969 (“Christmas Bonus in the Private Sector Act”); Law 80-1976 (“Wrongful Termination Act”); Law 100-1959 (“Workplace Discrimination Act”); Law 28-2018 (“Special Leave for Employees with Catastrophic Medical Conditions Act”). The most relevant of said amendments are:

Newsletter

Revised COVID-19 Guidelines for Case Investigation and Contact Tracing

May 23, 2022

On May 20, 2022, the Department of Health of Puerto Rico (DOH) released a revised version of its COVID-19 Guidelines for Case Investigation and Contact Tracing. The Guidelines create specific procedures for the DOH to follow for contact tracing and update current isolation and quarantine requirements.

Newsletter

Revised COVID-19 Guidelines for Case Investigation and Contact Tracing

January 14, 2022

On January 13, 2022, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, issued Executive Orders 2022-002 and 2022-003 (here) (EO 2022-002 & EO 2022-003, respectively) extending the effectiveness of EO 2021-075; EO 2021-085, and EO 2021-086 until February 2, 2022. These orders also establish additional requirements to control the recent spike of COVID-19 cases in Puerto Rico.

Newsletter

Client Alert: Puerto Rico COVID-19 Update Executive Orders No. 2022-002 and No. 2022-003

January 7, 2022

On January 5, 2022, the Department of Health of Puerto Rico (DOH) published a revised version of its Protocol for the Management of COVID-19 Cases in the Workplace. (See: Client Alert of November 3, 2021, for original protocol). The Updated Protocol provides specific guidelines on how to manage a variety of COVID-19 scenarios in the workplace.

Newsletter

Client Alert: Revised COVID-19 Protocol for Employers

November 22, 2021

The Supreme Court of Puerto Rico recently issued an opinion in Aponte Valentín v. Pfizer Pharmaceuticals, 2021 TSPR 185 (the “Opinion”), that validates mandatory arbitration provisions in the workplace where consent and consideration is given merely by the employee’s continued employment.

Client Alert: Mandatory Arbitration (Puerto Rico)

November 16, 2021

On November 15, 2021, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, issued Executive Order 2021-075 (the “Order”) grouping all current provisions related to the COVID-19 emergency, including: mandatory quarantine and isolation; individual cautionary measures; requirements for large events including occupation limits if no evidence of vaccination is required; mandatory vaccination for government employees/contractors, education services, health sector, food industry, hotels, convenience stores in gas stations, and childcare centers.

Client Alert: Puerto Rico COVID-19 Update Executive Order 2021-075

November 3, 2021

The Department of Health of Puerto Rico recently published its Protocol for the Management of COVID-19 Cases in the Workplace. The Protocol provides specific guidelines on how to manage a variety of scenarios in the workplace based on current guides and/or regulations issued by the Occupational Safety and Health Administration (“OSHA”); the Centers for Disease Control (“CDC”); Executives Orders by the Governor of Puerto Rico; and Administrative Orders by the Secretary of the Department of Health of Puerto Rico.

New Covid-19 Protocol for Employers

Client Alert: New Covid-19 Protocol for Employers – Puerto Rico

October 26, 2021

The holiday season approaches and most employers need to be ready to pay the statutory yearly bonus between November 15 and December 15 or face automatic penalties. Act No. 148-1969 (“Bonus in the Private Sector Act” a.k.a. “Christmas Bonus”) requires employers to pay an annual bonus to employees that worked 700 or more hours between October 1st of the previous year and September 30th of the current year.

Puerto Rico’s Yearly Bonus 2021

Client Alert: Puerto Rico’s Yearly Bonus 2021

September 21, 2021

On September 21, 2021, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, signed into law Project 338 of the House of Representatives (Law No. 47-2021). Law No. 47-2021 will increase Puerto Rico’s minimum wage from $7.25 per hour to $8.50 per hour on January 1, 2022. This new minimum wage is applicable to all workers currently covered by the Fair Labor Standards Act of June 25, 1938, as amended.

Puerto Rico COVID-19 Update Executive Order 2021-062 & Regulation 138-A

Client Alert: Puerto Rico’s New Minimum Wage

August 6, 2021

On August 5, 2021, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, issued Executive Order 2021-062 (EO 2021-062) extending mandatory COVID-19 vaccinations to all government contractors that provide on-site services and to all employees working in the public or private health sector including hospitals, laboratories, emergency rooms, clinics, health centers, medical offices, therapy centers, blood banks, pharmacies, elder care facilities, medicinal cannabis dispensaries, and others.

Puerto Rico COVID-19 Update Executive Order 2021-062 & Regulation 138-A

Client Alert: Puerto Rico COVID-19 Update Executive Order 2021-062 & Regulation 138-A

August 4, 2021

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) collaborated with the National Institute for Occupational Safety and Health (“NIOSH”) to revise a handbook to provide small business employers with workplace safety and health information.

Small Business Safety and Health Guidebook United States & Puerto Rico

Client Alert: Small Business Safety and Health Guidebook United States & Puerto Rico

July 30, 2021

On July 29, 2021, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, signed into law an amendment to the Medicinal Cannabis Act of 2017.

Medicinal Cannabis in the Workplace Puerto Rico

Client Alert: Medicinal Cannabis in the Workplace Puerto Rico

July 29, 2021

On July 28, 2021, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, issued Executive Order 2021-058 (EO 2021-058) requiring COVID vaccination for all government employees.

Puerto Rico COVID-19 Update Executive Order 2021-058 & Administrative Order 2021-512

Client Alert: Puerto Rico COVID-19 Update Executive Order 2021-058 & Administrative Order 2021-512

July 16, 2021

The Puerto Rico Department of Health (DOH) recently published Administrative Order 2021-508A (the Order) to amend Administrative Order 2021-508 of July 1, 2021.

Puerto Rico COVID-19 Update Administrative Order 2021-508A

Client Alert: Puerto Rico COVID-19 Update Administrative Order 2021-508A

July 1, 2021

On July 1, 2021, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, issued Executive Order 2021-054 delegating on the Secretary of Health the power to create guides, protocols, and recommendations to address the COVID-19 emergency.

New Executive Order Relaxing COVID-19 Restrictions

Client Alert: Puerto Rico COVID-19 Update Executive Order 2021-054 & Administrative Order 2021-508

May 20, 2021

On May 20, 2021, the Hon. Pedro R. Pierluisi, Governor of Puerto Rico, issued Executive Order 2021-036 (the “Order”). This Order further eases the restrictions established in Executive Order 2021-032 to control the COVID-19 pandemic.

New Executive Order Relaxing COVID-19 Restrictions

Client Alert: New Executive Order Relaxing COVID-19 Restrictions

May 6, 2021

On May 6, 2021, the Hon. Pedro R. Pierluisi, Governor of Puerto Rico, issued Executive Order 2021-032 (the “Order”), aimed at easing COVID 19 restrictions established in Executive Order 2021-027.

New Executive Order Relaxing COVID-19 Restrictions

Client Alert: New Executive Order Relaxing COVID-19 Restrictions

April 8, 2021

On April 8, 2021, the Hon. Pedro R. Pierluisi, Governor of Puerto Rico, issued Executive Order 2021-026 (the “Order”), aimed at managing the COVID-19 pandemic. Due to the increase in COVID-19 cases, this Order reinstates certain restrictions that were previously relaxed in Executive Order 2021-019, including those concerning the operation of commercial establishments.

New Executive Order Amending Several COVID-19 Restrictions and New Travel Health Notice

Client Alert: New Executive Order Amending Several COVID-19 Restrictions and New Travel Health Notice

March 12, 2021

On March 11, 2021, the Hon. Pedro R. Pierluisi, Governor of Puerto Rico, issued Executive Order 2021-019 (the “Order”), aimed at managing the COVID-19 pandemic. This Order modifies certain restrictions of prior Executive Order 2021-014, including those concerning the operation of commercial establishments.

New Executive Order Relaxing Several COVID-19 Restrictions

Client Alert: New Executive Order Relaxing Several COVID-19 Restrictions

February 24, 2021

The Puerto Rico Supreme Court (“PRSC”) has distinguished four types of trademarks: (i) generic; (ii) descriptive; (iii) suggestive; and (iv) arbitrary or fanciful. While the latter two are subject to registration before the Puerto Rico Trademark Office (“PRTO”), generic and descriptive marks are generally not considered subject to registration or trademark protection. A mark is descriptive when it merely imparts information to the public about some ingredient or characteristic of the product.

What “Pet Friendly” Can Teach Us About Unregistrable Generic Trademarks in Puerto Rico

Client Alert: What “Pet Friendly” Can Teach Us About Unregistrable Generic Trademarks in Puerto Rico

February 23, 2021

Last week, the Puerto Rico Women’s Advocate Office published Guidelines for the Habilitation of Lactation Rooms (The Guidelines) applicable to public and private sector employers. The Guidelines, which are immediately effective, require that the lactation rooms employers provide to breastfeeding mothers in the workplace comply with the following

P.R. Women’s Advocate Office Issues New Lactation Room Standards

Client Alert: P.R. Women’s Advocate Office Issues New Lactation Room Standards

February 8, 2021

On February 3, 2021, the Puerto Rico Department of Labor and Human Resources published its guidelines for the adoption and implementation of workplace harassment protocols as required by Law No. 90-2020, also known as the Workplace Harassment Act of Puerto Rico. The Guidelines Regarding Workplace Harassment in the Puerto Rico Private Sector (The Guidelines) require employers in the private sector to adopt and implement specific protocols and procedures against workplace harassment. Employers have 180 days to adopt and implement their internal workplace harassment protocols.

Department of Labor Issues Guidelines for Workplace Harassment Act

Client Alert: Department of Labor Issues Guidelines for Workplace Harassment Act

January 7, 2021

On January 6, 2021, the U.S. Department of Labor (the Department) announced a final rule clarifying the standard for employee versus independent contractor status under the Fair Labor Standards Act (FSLA). The Department is revisiting its interpretation of the independent contractor rules to promote certainty, reduce litigation, and encourage innovation in the economy.

New Independent Contractor Rule

Client Alert: New Independent Contractor Rule

January 6, 2021

On January 5, 2021, the Hon. Pedro R. Pierluisi, recently inaugurated as Governor of Puerto Rico, issued Executive Order 2021-010 (the “Order”), aimed at managing the COVID-19 pandemic. This Order modifies certain restrictions of prior Executive Order 2020-087, including those concerning the operation of commercial establishments

New Executive Order Relaxing Several COVID-19 Restrictions

Client Alert: New Executive Order Relaxing Several COVID-19 Restrictions

December 29, 2020

On December 2, 2020, the Puerto Rico Planning Board issued Regulation 9233, also known as the Joint Regulation for Evaluation and Issuance of Permits Related to Development, Land Use and Business Operations (the “2020 Regulation”). The 2020 Regulation will become effective on January 2, 2020. Amendments in the 2020 Regulation address several controversial provisions in the former version of the regulation.

Puerto Rico Planning Board Issues New Joint Regulation for Evaluation and Issuance of Permits Related to Development, Land Use and Business Operations

Client Alert: Puerto Rico Planning Board Issues New Joint Regulation for Evaluation and Issuance of Permits Related to Development, Land Use and Business Operations

December 4, 2020

Due to the increase in COVID-19 cases being reported, the Governor of Puerto Rico, Hon. Wanda Vázquez-Garced, issued Executive Order 2020-087 which expands current COVID restrictions. This Executive Order covers the period between December 7, 2020 and January 7, 2021, and increases or modifies current COVID related guidelines as follows:

Client Alert: Puerto Rico Governor Increases and Extends COVID-19 Restriction

Client Alert: Puerto Rico Governor Increases and Extends COVID-19 Restriction

November 16, 2020

Following up to our Client Alert of November 14, 2020 regarding Executive Order 2020-080, below is a link to the recently published notice commercial establishments are required to post in a visible place. The notice must include the maximum authorized occupancy of the establishment and the telephone numbers/email to report violations.

Client Alert: Executive Order 2020-080 (Supplement)

Client Alert: Executive Order 2020-080 (Supplement)

November 14, 2020

The Governor of Puerto Rico, Hon. Wanda Vázquez-Garced, issued Executive Order 2020-079 extending the current COVID restrictions, initially scheduled to expire on November 13, until November 15, 2020. A second executive order (EO 2020-080), yet to be released at time of this publication, was officially announced to cover the period between November 16, 2020 and December 11, 2020 and to establish or modify COVID related guidelines as follows:

Client Alert: Executive Orders 2020-079 and 2020-080

Client Alert: Executive Orders 2020-079 and 2020-080

October 30, 2020

On October 28, 2020, the Secretary of the Department of Labor of Puerto Rico issued Opinion No. 2020-04 to clarify employers’ obligations and employees’ rights during the General Election Day.

Client Alert: Puerto Rico Secretary of Labor issues Opinion 2020-04 on operations during General Election Day

Client Alert: Puerto Rico Secretary of Labor issues Opinion 2020-04 on operations during General Election Day

The continuing Coronavirus (Covid-19) pandemic has prompted the Governor of Puerto Rico to issue one more Executive Order on April 12, 2020 that extends Executive Order No. 2020-023 of Sunday, March 15, 2020. Among other directives, the Executive Order extends the requirement that all businesses, except those specifically excluded in the Order, close their office operations, now until May 3, 2020. Until further notice, our offices remain closed during this period, but our professionals continue to be available to attend to your legal needs remotely. You may contact us by e-mail and telephone, and our professionals will respond as soon as possible. Thank you very much.

Client Alert: Puerto Rico Department of Health Issues New COVID-19 Preventive Measures and Administrative Fines

August 25, 2020

On August 25, 2020, the Puerto Rico Department of Health issued Regulation 9210, also known as the Regulation Establishing Preventive Measures for the Administration of the COVID-19 Pandemic and Administrative Fines for Noncompliance (the “Regulation”). This new emergency Regulation outlines the obligations of individuals and businesses and creates administrative fines against infractors.

Client Alert: Puerto Rico Department of Health Issues New COVID-19 Preventive Measures and Administrative Fines

Client Alert: Puerto Rico Governor Signs Workplace Harassment Act

August 10, 2020

On August 6, 2020, the Governor of Puerto Rico signed Law No. 90-2020, also known as the Workplace Harassment Act of Puerto Rico (the “Act”). This new law establishes a vigorous public policy against all types of workplace harassment.

Client Alert: Puerto Rico Governor Signs Workplace Harassment Act August 20, 2020 image

Client Alert: New Paid Emergency Leave

April 14, 2020

Law 37 of April 9, 2020, amended the Minimum Wage, Vacation and Sick Leave Act of 1998 to create a new paid emergency leave.

August 14

Client Alert: Separation and extrajudicial employment agreements in Puerto Rico: you may still owe attorney’s fees and may be walking into litigation you thought you would avoid

August 6, 2020

The Puerto Rico Supreme Court recently ruled that clauses in extrajudicial separation agreements between employers and employees, in which his right to receive attorney’s fees is waived, are null and void. See: Berkan v. Mead Johnson Nutrition, 2020 TSPR 29. This may impact your employer’s organization much more than you may think.

August 4

Client Alert: Removal of restrictions on COVID-19 leaves

August 4, 2020

On August 4,2020, judge J. Paul Oetken of the U.S. District Court for the Southern District of New York vacated some sections of the DOL Final Rule regarding eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA). See: New York v. U.S. Department of Labor, U.S. District Court, Southern District of New York, No. 20-03020.

August 4

Client Alert: Reminders: Voluntary Self-Identification of Disability Form & Declaration of Payroll

July 28, 2020

Federal contractors and subcontractors have until August 4, 2020, to incorporate the updated Voluntary Self-Identification of Disability Form (CC-305) into their applicant and human resources systems and processes.

July 28

Client Alert: New Flexibility on PPP Loans

June 5, 2020

On June 5, 2020, President Donald Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”). The PPPFA modifies provisions related to the use and forgiveness of loans under the Paycheck Protection Program implemented in response to COVID-19.

June 5

Client Alert: Electronic Delivery of 401(k) and other ERISA Disclosures

May 28, 2020

On May 27, 2020, the U.S. Department of Labor (US-DOL) published its final rule allowing retirement plan administrators who wish to use electronic media, as a default, to furnish covered documents to covered individuals subject to the Employee Retirement Income Security Act of 1974 (ERISA).

May 28

Client Alert: Puerto Rico Governor Enacts New Civil Code

June 2, 2020

Last night, Puerto Rico Governor Wanda Vazquez Garced signed into law Puerto Rico House Bill No. 1654, also known as the new Puerto Rico Civil Code (the “New Civil Code”). The New Civil Code replaces the Puerto Rico Civil Code of 1930, which had been in place for the last 90 years, although it had been amended numerous times, adapting to Puerto Rico’s evolving circumstances through the twentieth century and well into the twenty-first.

June 2, 2020

Client Alert: Face masks must be worn in federal court in Hato Rey, San Juan, Puerto Rico

May 12, 2020

The U.S. District Court for the District of Puerto Rico announced that, effective May 11, 2020, all employees and visitors, including but not limited to members of the bar, press and public, will be required to wear a face mask or face covering the nose and mouth areas of the face while in the premises of the Clemente Ruiz Nazario United States Courthouse and the Federico Degetau Federal Office Building in Hato Rey, San Juan, Puerto Rico. This measure is part of a broader policy adopted by the Facilities Security Committee of the Federal Office Building in Hato Rey.

May 12, 2020

Client Alert: Puerto Rico Notarial Services during the COVID-19 State of Emergency

April 27, 2020

On April 24, 2020, the Puerto Rico Supreme Court (the “Supreme Court”) issued Resolution EM-2020-09 (the “Resolution”) allowing Puerto Rico attorneys who serve as notaries public to authorize transactions that would otherwise be permitted under the ordinary course of business. Under Puerto Rico laws and regulations, only attorneys can serve as notaries public; in addition to identifying parties to a transaction, they are also required to advise on public instruments they authorize. During the current emergency period, the Supreme Court had allowed notaries public to authorize only certain types of transactions which were deemed essential during the state of emergency declared by Governor Wanda Vázquez Garced on March 12, 2020, such as wills and powers.

April-27

Client Alert: Second Annual Report and Annual Fee Deadline Extensions

April 15, 2020

In light of the continued emergency measures implemented by the Government of Puerto Rico, Secretary of State Elmer Román issued Administrative Order 2020-02 (“AO 2020-02”) which approved an additional emergency deadline extension for all 2019 annual report and annual fee filings before Puerto Rico Department of State. As you are likely aware, the Puerto Rico General Corporations Act requires that every corporation organized and/or authorized to do business in Puerto Rico file an annual report in the Puerto Rico Corporations Registry administered by the Puerto Rico Department of State on or before April 15th of each year. At the same time, limited liability companies are required to submit an annual fee payment on the same date. All entities must also submit their responses to an economic survey issued by the Puerto Rico Department of Commerce and Economic Development. Last month, the Puerto Rico Secretary of State issued Administrative Order 2020-01 which extended the 2019 annual report and annual due filing dates from April 15, 2020 to May 15, 2020.

April-15

Client Alert: U.S. Federal Agricultural Relief after Coronavirus (Covid-19)

April 01, 2020

The U.S. Department of Agriculture plans to spend $16 billion on direct payments to farmers, ranchers and producers “who experience unprecedented losses” during the coronavirus pandemic, Secretary Sonny Perdue said at a White House press briefing on Friday, April 17, 2020.

April-21-two

Client Alert: Mandatory Notification of Unemployment Benefits

April 01, 2020

The Puerto Rico Department of Labor and Human Resources recently issued Circular Letter 2020-02 requiring any employer laying off employees or reducing work schedules to inform said employees about the availability of unemployment benefits. This notification must:

April-21st

Client Alert: Further continuances of proceedings before the U.S. District Court for the District of Puerto Rico

April 01, 2020

As a result of the global Coronavirus (Covid-19) pandemic, on March 15, 2020, the U.S. Court for the District of Puerto Rico issued an Order Concerning Proceedings Before the United States District Court of Puerto Rico (“the original emergency Order”), continuing all civil and criminal proceedings until March 30, 2020. Given the quarantine measures taken by Puerto Rico and federal governmental agencies, and the uncertainty of how long they will remain in place, the Court issued a separate Order on March 24, 2020 by which all civil and criminal proceedings in the District of Puerto Rico are continued until Wednesday April 15, 2020.

March-31-2020

Client Alert: Tax Exemption on Income from Qualified Payments and Loans to Employees or Independent Contractors Made to Aid and Overcome the Emergency Declaration due to COVID-19

April 01, 2020

On February 19, 2020, the Puerto Rico Treasury Department (“PRTD”) issued Internal Revenue Circular Letter 20-08 (“CL 20-08”) to establish the rules on Qualified Disaster Assistance Payment (“Qualified Payments”) allowed under the Puerto Rico Internal Revenue Code (the “Code”) due to the emergency caused by the seismic activity that has been taking place in the Southern and Central Areas of the main island of Puerto Rico . On March 29, 2020, the PRTD issued Internal Revenue Circular Letter 20-22 (“CL 20-22”) to extend the provisions of CL 20-08 to Qualified Payments made as a consequence of the state of emergency declared by the Governor of Puerto Rico due to the effects of the Coronavirus (COVID-19) pandemic.

March-31-2020

Client Alert: First Circuit acknowledges implied copyright sublicense

April 01, 2019

In a recent opinion, the U.S. Court of Appeals for the First Circuit (“First Circuit”) affirmed the grant of summary judgment by the District Court for the District of Massachusetts (“district court”) in favor of Orgill, Inc. (“Orgill”) in a copyright infringement case, holding that a copyright licensee giving an unrestricted right to grant sublicenses may do so without using express language. This seems to be the first time a federal Circuit acknowledges a copyright sublicense by implication.

March-31-2020

Client Alert: The Basics of Forgivable Loans for Businesses CARES Act

March 31, 2020

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides substantial economic stimulus to individuals, businesses, and hospitals because of the Coronavirus (COVID-19) pandemic. Under Title I of the CARES Act, qualifying businesses will be able to receive no-fee “small business interruption loans” at an interest rate not exceeding 4 percent without the need to provide personal guarantee or collateral.

March-31-2020

Client Alert: Coronavirus (Covid-19) Pandemic Actions taken by the Puerto Rico Office of the Insurance Commissioner

March 30, 2020

Due to the current state of emergency declared by the Government of Puerto Rico under Executive Order EO-2020-020 (EO-20), and the threat posed by the spread of the SARS-COV-2 virus and the COVID-19 disease, the Puerto Rico Office of the Insurance Commissioner (“OIC”) has issued several Normative and Circular Letters addressed to the insurance industry in Puerto Rico requiring certain actions to deal with the crisis. The following is a summary of the actions taken by OIC:

March-30-2020

Client Alert: The “Coronavirus Aid, Relief, and Economic Security Act,” or “CARES Act” grants additional relief for Small Business Reorganization Debtors under 11 U.S.C. § 1181 et seq.

March 27, 2020

As part of the ” Coronavirus Aid, Relief, and Economic Security Act ,” the ” CARES Act ” or “the Act,” signed into law on March 27, 2020, the Congress of the United States enacted additional benefits for “small business debtors” in bankruptcy reorganizations.

March-27-2020

Client Alert: NEW DEADLINES EXTENDED by the Puerto Rico Treasury Department (AD 20-09) (Coronavirus COVID-19)

March 27, 2020

On March 20, 2020, we issued a Client Alert providing details about new deadlines announced by the Puerto Rico Treasury Department (“PRTD”) in Administrative Determination 20-05 (“AD 20-05”) due to the effects of the Coronavirus (COVID-19) pandemic. On March 24, 2020, the PRTD then issued Administrative Determination 20-09 (“AD 20-09”) repealing AD 20-03 and AD 20-05 and providing that NO interest s, surcharges or penalties will be assessed for a taxpayer’s failure to properly or timely file tax returns and related payments provided they are filed on or before the following NEW EXTENDED DEADLINES:

March-27-2020

Client Alert: Covid-19

March 26, 2020

The continuing Coronavirus (Covid-19) pandemic has prompted the Governor of Puerto Rico to issue an Executive Order on March 26, 2020 that extends Executive Order No. 2020-023 of Sunday, March 15, 2020. Among other directives, the Executive Order extends the requirement that all businesses, except those specifically excluded in the Order, close their office operations, now until April 12, 2020. Our offices remain closed during this period, but our professionals continue to be available to attend to your legal needs remotely. You may contact us by e-mail and telephone, and our professionals will respond as soon as possible. Thank you very much.

March-26-2020

Client Alert: Family First Coronavirus Response Act Are employers ready for the new leaves?

March 26, 2020

The Families First Coronavirus Response Act (FFCRA or Act) requires employers to provide sick leave and expanded family and medical leave for reasons related to COVID-19.

March-26-2020

Client Alert: Court proceedings before the U.S. District Court for the District of Puerto Rico

March 25, 2020

As a result of the global Coronavirus (Covid-19) pandemic, on March 15, 2020, the U.S. Court for the District of Puerto Rico issued an Order Concerning Proceedings Before the United States District Court of Puerto Rico (“the original emergency Order”), continuing or suspending all civil and criminal proceedings until March 30, 2020. Given the quarantine measures taken by Puerto Rico and federal governmental agencies, and the uncertainty of how long they will remain in place, the Court issued a new Order on March 24, 2020 by which:

March-25-2020

Client Alert: P.R. Department of Labor Opinion 2020-02 (Compensation, Vacation and Sick Leave, Employee Loans)

March 24, 2020

Following up on its Opinion of March 13, 2020, the Puerto Rico Department of Labor and Human Resources (PR DOL) published Opinion # 2020-02 of March 23, 2020 (“Opinion”) regarding compensation to exempt and non-exempt employees in the private sector during the state mandated quarantine, the applicability of vacation and sick leaves to exempt and non-exempt employees, and the recently enacted Families First Coronavirus Response Act of 2020.

March-24-2020

Client Alert: News Release

March 23, 2020

The U.S. Treasury Department, Internal Revenue Service and the U.S. Department of Labor announced that small and midsize employers can begin taking advantage of two new refundable payroll tax credits, designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing Coronavirus-related leave to their employees. The News Release also answers or clarifies some questions regarding the Families First Coronavirus Response Act.

March-23-2020

Client Alert: Actualización de asuntos marcarios en Puerto Rico y EE.UU. relativos a la situación de emergencia ocasionada por el COVID-19

20 de marzo de 2020

A tenor con las disposiciones de la Orden Ejecutiva No. 2020-23 emitida por la Gobernadora Wanda Vázquez Garced el 15 de marzo de 2020, la mayoría de los establecimientos comerciales y todos los servicios gubernamentales “no esenciales” cesaron operaciones hasta el 30 de marzo de 2020. Como consecuencia de este cierre gubernamental, el 19 de marzo de 2020, el Departamento de Estado de Puerto Rico notificó la Carta Circular 2020-01 la cual extiende hasta el 15 de abril de 2020 todo término, plazo y vencimiento de cualquier procedimiento ante el Registro de Marcas de Puerto Rico desde el 18 de marzo de 2020 hasta el 15 de abril de 2020.

March-19-2020

Client Alert: Puerto Rico/U.S. Trademark Updates Arising from COVID-19 Emergency Situation

March 20, 2020

We refer to our prior Client Alerts discussing Executive Order No. 2020-23 issued by Governor Wanda Vázquez Garced on March 15, 2020 which established a mandatory closing of most commercial establishments and non-essential governmental services through March 30, 2020. Given this mandatory governmental closing, the Puerto Rico Department of State issued Circular Letter 2020-01 on March 19, 2020, which extends to April 15, 2020 all deadlines, expiration dates and other terms in pending matters before the Puerto Rico Trademark Office from March 18, 2020 through April 15, 2020.

March-19-2020

 

Client Alert: Puerto Rico Treasury Department Extends Deadlines Due to COVID-19

March 20, 2020

Our previous Client Alerts extensively discuss Executive Order No. 2020-23 (“EO 2020-23”) of Governor Wanda Vázquez Garced, dated March 15, 2020, that establishes a mandatory closing of most commercial establishments and non-essential governmental services through March 30, 2020.

March-19-2020

 

Client Alert: Corporate Annual Report and Annual Fee Deadline Extensions

March 19, 2020

The Puerto Rico General Corporations Act requires every corporation organized and/or authorized to do business in Puerto Rico to file an annual report with the Puerto Rico Corporations Registry of the Puerto Rico Department of State on or before April 15th of each year. At the same time, limited liability companies are required to submit an annual fee payment on the same date. All entities must also submit their responses to an economic survey issued by the Puerto Rico Department of Commerce and Economic Development.

March-19-2020

 

Client Alert: US PRESIDENT SIGNS INTO LAW PAID SICK AND FMLA LEAVE & PR HOUSE CREATES AN EMERGECY LEAVE

March 19, 2020

Last night President Donald Trump signed into law H.R. 6201 (the “Bill”), a relief package initially introduced in the U.S House of Representatives that includes free testing for COVID-19 and emergency leave for workers. The Bill provides: (i) up to 2 weeks of paid sick leave to anyone who is either subject to federal, state or local quarantine, showing symptoms, exposed to the virus, seeking medical diagnosis, or trying to get a test or preventive care; and (ii) up to 12 weeks of paid family and medical leave for employees affected by the virus, to care for an individual subject to quarantine, or to care for a son or daughter whose school or child-care facility is closed due to coronavirus.

March-19-2020

 

Client Alert: COVID-19 Executive Order # 2020-23 & P.R. Department of Labor Opinion 2020-01

March 16, 2020

On March 15, 2020, the Governor of Puerto Rico issued Executive Order # 2020-23 which, among other things, establishes a curfew for all citizens between 9:00 p.m. and 5:00 a.m.; a fourteen (14) day mandatory quarantine period for any person suspected of exposure to COVID-19 or with related symptoms; and the mandatory closing of all commercial establishments commencing on March 15, 2020 at 6:00 p.m. until March 30, 2020. In addition to commercial establishments, the complete closing of operations is extensive to shopping malls, movie theaters, clubs, concert halls, theaters, game rooms, casinos, amusement parks, gyms, bars and any other similar place where people conglomerate. The following business are excluded from the closing restrictions: food sale establishments that provide drive-thru, carry-out or delivery services; wholesalers; pharmacies; supermarkets; gas stations; banks or financial institutions; elderly care centers; and any business in the distribution chain of food, medicine, medical equipment or fuel.

March-16-2020

 

Client Alert: EPA Opens the Comment Period for the Proposed 2020 Multi-Sector General Permit

March 3, 2020

On March 2, 2020, the U.S. Environmental Protection Agency (EPA) issued the proposed National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges associated with industrial activity. The proposed 2020 MSGP would replace EPA’s 2015 MSGP upon final issuance.

March-3-2020

 

Client Alert: Qualified Disaster Assistance Payments by Employers

February 21, 2020

Has anyone forgotten Hurricane María? What about some of the benefits approved by the Government to assist employees in Disaster Areas? Well, the Government is on it again.

February 21, 2020

Client Alert: Pay Equality Program – P.R. Department of Labor

February 21, 2020

On February 13, 2020, the Puerto Rico Department of Labor and Human Resources (PR DOL) published Regulation # 9162 to create and administer its Pay Equality Program (“Program” or “PEP”). The main function of the Program is to enforce and promote employer compliance with the Equal Pay Act of Puerto Rico (“EPAPR”), Act No. 16 of 2017.

February 21, 2020

Client Alert: New Final Rule from the US Department of Labor Fair Labor Standards Act

January 19, 2020

On January 15, 2021, the U.S. Environmental Protection Agency (“USEPA”) issued the 2021 Multi-Sector General Permit (“2021 MSGP”). The 2021 MSGP becomes effective on March 1, 2021 and replaces the prior permit that EPA issued in 2015 to control stormwater effluent discharged by industrial operations (“2015 MSGP”). The 2021 MSGP incorporates new and modified requirements, as compared to the 2015 MSGP.

Final Issuance of the 2021 MSGP

Client Alert: Final Issuance of the 2021 MSGP

December 13, 2019

The U.S. Department of Labor (U.S. DOL) recently announced a Final Rule (29 CFR Parts 548 and 778) updating regulations governing regular rate requirements under the Fair Labors Standards Act (FLSA) to provide clarity and better reflect the 21st-century workplace. This Rule aims to promote compliance with the FLSA, provide appropriate and updated guidance, and to encourage employers to provide additional and innovative benefits to workers without fear of costly litigation. In addition, the Final Rule defines what forms of payment employers may include and exclude in the FLSA’s “time and one-half” calculation when determining overtime rates and clarifies other forms of compensation, including payment for meals periods and “call back” pay.

December-13-2019

Client Alert: Infringers, Beware!: New Congress Bill May Establish a Copyright Small Claims Court for Pro Se Copyright Holders

October 31, 2019

Despite the current political landscape, on October 22, 2019, the United States House of Representatives passed H.R. 2426 by a vote of 410-6, otherwise known as the “Copyright Alternative in Small-Claims Enforcement Act of 2019” (hereinafter “CASE Act”). It is currently awaiting review and approval by the United States Senate (S. 1273).

October-31-2019

Client Alert: Employee Credit Information Protection Act

October 10, 2019

On October 8, 2019, the Governor of Puerto Rico signed the Employee Credit Information Protection Act (“Act 150”). Act 150 aims to curtail the alleged practice by employers to require credit information from employees and employment candidates as a condition of employment. According to the statute, this practice limits the access young professionals and average citizens have to an already limited employment market.

October 10 2019

Client Alert: Final Overtime Rule

September 25, 2019

The U.S. Department of Labor (US DOL) updated and revised the overtime rule issued under the Fair Labor Standards Act implementing the exceptions from minimum wage and overtime pay requirements for executives, administrative, professional, outside sales, and computer employees. The final rule, to become effective on January 1, 2020, updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA’s minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses/commissions towards meeting the salary level. In the final rule, the US DOL:

Client Alert: Proposed amendment to the Money Services Act to require filing with the Nationwide Mortgage Licensing System and Registry Forms and to limit the bond amount for offices opened in Puerto Rico

September 1, 2019

On March 31, 2019, the Puerto Rico Senate filed Senate Bill No. 1209 (P. del S. 1209) to standardize Puerto Rico’s money transfer system, which is regulated by Act No. 136 of September 21, 2010.

Proposed amendment to the Money Services Act to require filing with the Nationwide Mortgage Licensing System and Registry Forms and to limit the bond amount for offices opened in Puerto Rico

Client Alert: Recent amendments to Chapter 19 of the Puerto Rico Insurance Code prohibit payment of a lower fee than those established by the U.S. Centers for Medicare and Medicaid Services (“CMS”) and the termination or cancellation of a health provider contract without just cause

August 30, 2019

Earlier this month, the Governor of Puerto Rico signed into law Act No. 90 of August 1, 2019 to amend Section 7 and add a new Section 8 to Article 19.150 of the Puerto Rico Insurance Code as they relate to service provider agreements between health care service providers and health service organizations that provide Medicare Advantage plans in Puerto Rico.

Recent amendments to Chapter 19 of the Puerto Rico Insurance Code prohibit payment of a lower fee than those established by the U.S. Centers for Medicare and Medicaid Services and the termination or cancellation of a health provider contract without just cause

Just Because it Was Filed Under Summary Procedure Doesn’t Mean Employers Can’t Strike Back

August 6, 2019

Puerto Rico’s Act No. 2 of October 17, 1961, also known as the Labor Claims Summary Procedure Act (“Act 2”), provides an expedite procedure (“summary procedure”) for employees seeking to enforce their labor and employment rights. Act 2 specifically prohibits employers from filing counterclaims in cases filed under said summary procedure. While some employment advocates argue that Act 2 absolutely bars employers from countersuing, on July 26, 2019, the Puerto Rico Supreme Court (the “Supreme Court”), in Bacardi Corporation v. Torres Arroyo, 2019 TSPR 133, 202 DPR __ (2019), held that the prohibition against counterclaims in Act 2, does not bar employers from filing independent lawsuits against employees.

Just Because it Was Filed Under Summary Procedure Doesn’t Mean Employers Can’t Strike Back

New Special Leave

August 2, 2019

On August 1, 2019, the Governor of Puerto Rico enacted the “Act to Grant Special Leave for Employees with Situations of Domestic or Gender Violence, Child Abuse, Sexual Harassment in the Workplace, Sexual Aggression, Lewd Acts or Stalking” (the “Special Leave Act”).

New Special Leave

Permits Reform ALERT: Implementation of Single Permit Applies to Existing Businesses!

July 17, 2019

For years, the business community, investors and entrepreneurs have asked for a streamlined permitting process to promote commercial activity in Puerto Rico. A recent amendment to the Puerto Rico Permitting Process Reform Act established a new ‘Single Permit’ to consolidate several authorizations currently required to operate a business into one.

FUCT!: Previously “Immoral” or “Scandalous” Marks Could Now Get Trademark Protection

July 16, 2019

In their latest term, the Supreme Court of the United States (“SCOTUS”) has issued various opinions on different issues on matters of intellectual property law. These issues range from the interpretation of the language of a statute to the infringement of constitutional rights. Marks previously branded as “immoral” or “scandalous” could now acquire trademark protection under the Lanham Act.

Federal Agencies are not “Persons” under the America Invents Act

July 16, 2019

In its latest term, the Supreme Court of the United States (“SCOTUS”) issued several opinions on different issues on matters of intellectual property law. These issues range from the interpretation of specific language of a statute to the infringement of constitutional rights. As summarized below, federal agencies may not pursue the registration of a patent under any of the three (3) proceedings provided by the America Invents Act (“AIA”) because federal agencies do not fall under the definition of a “person.”

Recalculation of regular rate when paying nondiscretionary bonus based on fixed percentages

July 9, 2019

The United States Department of Labor (US-DOL) issued Opinion Letter FLSA 2019-7 (July 1, 2019) addressing if an employer is required to retrospectively recalculate the regular rate of pay if it pays a nondiscretionary bonus that is a fixed percentage of straight-time wages received by the employee.

Recalculation of regular rate when paying nondiscretionary bonus based on fixed percentages

U.S. Supreme Court holds that Trademarks Licenses cannot be deemed rescinded upon a rejection of an executory contract in Bankruptcy Court

June 26, 2019

Faced with the issue of the effect of a Debtor’s (or trustee’s) rejection of a contract under Section 365 of the Bankruptcy Code, in Mission Product Holdings, Inc. v. Tempnology, LLC, 597 U.S. ___ (2019), the United States Supreme Court settled a split among the circuits and held that a Debtor-licensor’s rejection of a trademark licensing agreement does not deprive the licensee of its rights to use the trademark. . Since such breach does not constitute a rescission that would have the effect of unwinding the rejected contract as if it never existed, all rights previously granted under the contract that would survive a breach of contract under applicable non-bankruptcy law, remain in place. The court also reasoned that if a Trustee, or a Debtor-in-possession, can use rejection of the executory contract to rescind previously granted interests, then rejection would become functionally equivalent to granting the powers of an avoidance action.

U.S. Supreme Court holds that Trademarks Licenses cannot be deemed rescinded upon a rejection of an executory contract in Bankruptcy Court

Just because it sounds better doesn’t make it right: New US Department of Labor Opinion Letter on FMLA

March 18, 2019

The US Department of Labor (DOL) has released a new opinion letter on the Family and Medical Leave Act (FMLA). See: FMLA 2019-1-A. As per the Opinion, some employers “voluntarily permit employees to exhaust some or all available paid sick (or other) leave prior to designating leave as FMLA-qualifying, even when the leave is clearly FMLA-qualifying”. Employers justify this practice because it observes an employment benefit or program that provides greater family and medical leave rights than those provided by the FMLA under the 29 C.F.R. §825.700.

Just because it sounds better doesn't make it right: New US Department of Labor Opinion Letter on FMLA

Public-Private Partnerships Authority’s Proposed Regulation for the Procurement, Evaluation, Negotiation and Award of Partnership Contracts and Sale Contracts For the Transformation of the Electric System Under Act No. 120-2018, as amended

February 3, 2019

The Public-Private Partnerships Authority (P3 Authority) released a proposed regulation to establish the procurement, evaluation, selection, negotiation and award process for partnerships with respect to any function, service or facility of the Puerto Rico Electric Power Authority (PREPA) and sale contracts of PREPA assets related to energy generation. Among others, the proposed regulation provides guidance and procedures such as, but not limited to:

Public-Private Partnerships Authority’s Proposed Regulation for the Procurement, Evaluation, Negotiation and Award of Partnership Contracts and Sale Contracts For the Transformation of the Electric System Under Act No. 120-2018, as amended

RFP – Puerto Rico Planning Board – Project Management Services for Code Enforcement Grant

On January 20, 2019, the Puerto Rico Planning Board (PRPB) issued a Request for Proposals (RFP) for Project Management Services for Code Enforcement Grant (2019-0001-RFP-01). The PRPB is requesting proposals from project management firms to provide comprehensive services in managing development, implementation and administration (“Project Management Services”) for the Federal Post Disaster Code Enforcement Grant under the Hazard Mitigation Grant Program of the Federal Emergency Management Administration (the “Project”).

RFP – Puerto Rico Planning Board – Project Management Services for Code Enforcement Grant

The U.S. Court of Appeals for the First Circuit rules on termination of the automatic stay pursuant to Section 362 (c)(3)(A) of the Bankruptcy Code

January 10 , 2019

In a case of first impression addressing the issue of termination of the automatic stay of proceedings against a debtor in bankruptcy under section 362 (c)(3)(A) by a U.S. Court of Appeals, the First Circuit concluded that Section 363(c)(3)(A) terminates the entire stay thirty days after the filing of a second petition, as to the actions against the Debtor, the debtor’s property, and property of the bankruptcy estate; when the debtor, or any party in interest, failed to successfully invoked the extension of the automatic stay permitted under section 363(c)(3)(B). In re Smith, Jr. 18-1573, (1st Cir., Dec. 12, 2018).

The U.S. Court of Appeals for the First Circuit rules on termination of the automatic stay pursuant to Section 362 (c)(3)(A) of the Bankruptcy Code.

Music Modernization Act (MMA)

January 10 , 2019

With new technologies developing within the music and audio-recording industries, the U.S. Congress recently passed a bill known as the Music Modernization Act (MMA). The purpose of the bill is to modernize copyright-related issues for music and audio recordings in light of new technology such as digital streaming. The MMA is a consolidation of three separate bills that address different issues in copyright law.

Client Alert: Music Modernization Act (MMA)

Approval of Bills to Amend the Puerto Rico Insurance Code

December 28 , 2018

Catastrophic events are very challenging to property owners and insurance companies alike. After hurricanes Irma and Maria struck Puerto Rico, similarities to other events, like Katrina, were referenced by insurance companies to attempt to show the difficulties in processing the claims filed by its policyholders. The chaotic situation caused by the hurricanes moved the Puerto Rico government to enact several bills to amend the Puerto Rico Insurance Code.

Approval of Bills to Amend the Puerto Rico Insurance Code

Approval of Bill to Reactivate Certain Construction and Land Use Approvals

November 20 , 2018

The Puerto Rico Senate introduced Senate Bill No. 696 for the stated purpose of reactivating the validity period of certain construction and land use permits. The Bill seeks to reactivate projects with construction and land use permits where construction was interrupted due to the Puerto Rico economic crisis. It also covers projects where construction had not yet begun if the applicable approvals were obtained.

Client Alert - Approval of Bill to Reactivate Certain Construction and Land Use Approvals

RFQ – Puerto Rico Electric Power Transmission and Distribution System

November 2 , 2018

On October 31, 2018, the Puerto Rico Public-Private Partnership (P3) Authority issued a public notice on a Request for Qualifications (RFQ) for the Puerto Rico Electric Power Transmission and Distribution System (RFQ 2018-2). The P3 Authority in collaboration with the Puerto Rico Electric Power Authority (PREPA),is requesting Statements of Qualifications (SOQs) from companies and consortia interested in entering into a long-term P3 contract with PREPA. If implemented, the private partner will be responsible for management and operation of the electric power transmission and distribution (T&D) system of Puerto Rico and to assist with the procurements associated with, and the management and deployment of, federal funds assigned for the restoration of the T&D system (the “Project”) to achieve the following objectives:

Client Alert - RFQ - Puerto Rico Electric Power Transmission and Distribution System

CDBG-DR and Opportunity Zones

October 10, 2018

The US Congress has authorized several appropriations to urban communities affected by a major disaster, including those located in Puerto Rico. These funds are allocated by the Secretary of the U.S. Department of Housing and Urban Development (HUD).

CDBG-DR and Opportunity Zones

More Work Hours to Accrue Vacation and Sick Leave

September 21, 2018

Puerto Rico employees hired before January 26, 2017, were partially grandfathered and their vacation and sick leave accrual rates remained unchanged after the approval of Law No. 4 (2017).

More Work Hours to Accrue Vacation and Sick Leave

Recent Energy Bills

September 19, 2018

Several energy bills have been recently introduced in the Puerto Rico Senate. One of the most notable is Senate Bill No. 773 which promotes the creation of a comprehensive public policy on climate change.

Recent Energy Bills

Upcoming Deadline Granted by the Regulatory Board of Medical Cannabis

September 11, 2018

The budding medical cannabis industry in Puerto Rico has shown significant growth in the last few years. The Regulatory Board of Medical Cannabis (Board) of the PR Department of Health (DOH) recently announced that it is implementing Phase II of the Inventory Traceability System of medical cannabis.

Upcoming Deadline Granted by the Regulatory Board of Medical Cannabis

Proposed Amendment to the Law for Promoting Reusable Bags and the Regulation of Plastic Bags

September 6, 2018

In a new effort to ban the use of plastic bags in Puerto Rico, the House of Representatives introduced Bill Number 1745. The House’s Bill removes polypropylene or polyethylene (non woven) bags from the definition of reusable bags.

Proposed Amendment to the Law for Promoting Reusable Bags and the Regulation of Plastic Bags

FMLA Certification Forms and Notices

September 5, 2018

The U.S. Department of Labor recently announced that its Family and Medical Leave Act (FMLA) certification forms and notices are valid for three more years. There are no substantive changes to the forms which will now be effective until August 31, 2021.

Client Alert - FMLA Certification Forms and Notices

IRS Offshore Voluntary Disclosure Program to end on September 28

August 31, 2018

The United States Internal Revenue Service (“IRS”) published IR-2018-52 earlier this year announcing that the Offshore Voluntary Disclosure Program (“OVDP”) would be closing on September 28, 2018. The IRS now warns that the deadline is less than a month away.

 IRS Offshore Voluntary Disclosure

New Amendment to the Puerto Rico Pharmacy Law

August 27, 2018

During the session ending on June 30, 2018, the Puerto Rico Legislature approved a bill amending the Puerto Rico Pharmacy Law. It was recently signed into Law 186-2018 by the Governor of Puerto Rico. The amendment prohibits physicians, pharmacy benefit managers, manufacturers or distributors of medications, and health insurance companies from promoting or obtaining any economic benefits to prescribe certain prescription medications; provided that such prescription is against the medical criteria of quality or services established in federal and state laws and regulations applicable to the dispatch of medications. This conduct is also classified as a misdemeanor.

New Amendment to the Puerto Rico Pharmacy Law

Employers: Online labor & employment posters now available

August 27, 2018

Employers may now directly access and download labor & employment posters issued by the Department of Labor and Human Resources of Puerto Rico. Some of these posters and brochures relate to: (i) Non-discrimination Policies; (ii) General Labor and Employment Provisions; (iii) Use of Social Security in the Workplace; (iv) PR OSHA; and (v) SINOT. Employers are required by local law to place these posters in visible areas. Previously, employers had to physically visit various offices of the Department of Labor, without guarantee of availability, to secure said publications.

Employers: Online labor & employment posters now available

End of the line: New hard time limits to serve summons in cases filed in Puerto Rico courts

August 20, 2018

Recently, the Supreme Court of Puerto Rico issued an Opinion where it held that the term of 120 days to serve process upon defendants may not be extended. The Opinion clarifies that courts have no discretion to extend the 120-day term that a plaintiff has to serve a defendant under the Puerto Rico Rules of Civil Procedure. Failure to comply with this term will result in the automatic dismissal of the complaint. The first dismissal will be without prejudice while a second failure to serve in re-filed cases will result in a dismissal with prejudice.

August Alert

New Telemedicine Law

August 9, 2018

A bill to repeal the Law for Regulating the Telemedicine [Practice] in Puerto Rico and enact the new Law for the Use of Telemedicine in Puerto Rico was signed into law by the Governor of Puerto Rico on August 1, 2018.

New Telemedicine Law

Recent Changes To The Puerto Rico Insurance Code

August 9, 2018

Due to the recent catastrophic events of Hurricane Maria and Hurricane Irma and the importance of the insurance industry in Puerto Rico, the Govermment of Puerto Rico recently enacted Senate Bill No. 935 and House Bill No. 1330

Recent Changes To The Puerto Rico Insurance Code

Client Alert – Recent Developments On Tax Matters

July 26, 2018

I. Amendment to the Municipal Tax License (“Patente Municipal”)

Act 133 of 2018, a recent amendment to the Municipal Business License (“Patente Municipal”) Law, reduces the annual interest that may be accrued from any administrative or judicial credits or reimbursements payable by municipalities granted under the Law. The annual interest rate of six percent (6%) is reduced to three percent (3%) and such reduction became effective on July 10, 2018.

Client Alert Recent Development On Tax Matters

Irs: Additional Relief For “Bona Fide Residents” Of Puerto Rico And The U.S. Virgin Islands

March 7, 2018

On February 27, 2018, the U.S. Internal Revenue Service published IRS Notice 2018-19 which extends relief provided under IRS Notice 2017-56 to residents of Puerto Rico and the U.S. Virgin Islands. In the wake of Hurricane Irma and Hurricane Maria, the IRS issued Notice 2017-56 to allow “bona fide residents” of Puerto Rico or the U.S. Virgin Islands to maintain their status for tax filing and reporting purposes in the event they had evacuated or could not return due to the resulting aftermath.

Irs: Additional Relief For

Financial Oversight and Management Board Recommend Sigificant Changes to Puerto Rico Laws

February 6, 2018

In its February 5, 2018 letter to Governor Ricardo Rosselló the Financial Oversight and Management Board (FOMB) submitted to the government its recommendations regarding the reforms which should be implemented by the Government in order, according to the FOMB for Puerto Rico, to become a more attractive venue for business and economic growth. The Board’s proposals for reform in the labor area would result in significant changes to the Labor Transformation and Flexibility Act signed into law on January 26, 2017 as well as to other standing local labor legislation.

Financial Oversight and Management Board Recommend Sigificant Changes to Puerto Rico Laws

Two recent laws increase sick leave rights and benefits… now what?

February 2, 2018

Employers will have to review the criteria used when evaluating employees’ performance. A recently enacted law which amends Article 6 of the Law No. 180-1998, known as the “Puerto Rico Minimum Wage, Vacation, and Sick Leave Act”-provides employees greater protection when their absence from work is backed by a medical certificate. The law states that private sector employers may not consider sick leave to measure non-exempt employees’ efficiency in annual performance evaluations.

Two recent laws increase sick leave rights and benefits... now what?

New Guidelines Regarding Payment of Christmas Bonus

October 30, 2017

On September 18, 2017, the Puerto Rico Department of Labor and Human Resources (the “PR DOL”) enacted a Regulation regarding the Puerto Rico’s Christmas Bonus Act, Act No. 148 of 1969. Such Regulation supersedes all prior regulations on the subject and establishes guidelines on implementation of the Christmas Bonus Law as amended by the Labor Transformation and Flexibility Act, Act No. 4 of 2017 (the “LTFA”).

New Guidelines Regarding Payment of Christmas Bonus

EQB conditionally waives certain power generator and solid waste management requirements

October 19, 2017

The devastation caused by Hurricane María has left most of the island without the necessary power to continue business operations. As a result, businesses have and continue to rely upon power generators to meet their operational energy demands until the Commonwealth’s power grid is restored. Power generators are considered air emission sources that may be subject to permitting, operational, recordkeeping and reporting standards under applicable federal and local regulations. In view of these requirements, the P.R. Environmental Quality Board (EQB) issued Resolution R-17-22 on September 18, 2017 to establish the EQB’s policy regarding power generators, noise pollution control and solid wastes while the recovery efforts continue and the power service remains unavailable.

EQB conditionally waives certain power generator and solid waste management requirements

EPA Waives the CAA’s Ultra Low Sulfur Diesel Requirements for Emergency Generators and Pumps until October 30, 2017

October 19, 2017

On September 26, 2017, the U.S. Environmental Protection Agency (EPA) waived certain requirements of the Clean Air Act to allow the sale, distribution, and use in Puerto Rico of high sulfur heating oil and marine fuel designated for use in Emission Control Areas (ECA marine fuel) for emergency generators and pumps, in view of the damages caused by Hurricane Maria and the limitations to obtain Ultra Low Sulfur Diesel (ULSD) meeting the 15 parts per million (ppm) standard set forth at 40 C.F.R. § 80.51 O(c)(l). This waiver continued through October 15, 2017.

EPA-Waives-the-CAAs-Ultra-Low-Sulfur-Diesel-Requirements-for-Emergency-Generators-and-Pumps-until-October-30-2017.shtml

Employees Compensation Following a Natural Disaster

October 19, 2017

On October 17, 2017 the Puerto Rico Secretary of Labor and Human Resources (“Secretary”) issued Opinion No. 2017-001 (“Opinion”) regarding the compensation of exempt and non-exempt private sector employees for workdays interrupted caused by Hurricanes Irma and María.

Employees Compensation Following a Natural Disaster

Suspension of Tax Lien Withholdings Performed by Employers

October 17, 2017

Given the passage of Hurricane María over Puerto Rico and the dire situation faced by taxpayers, the Puerto Rico Department of the Treasury (“Treasury”) has issued Informative Bulletin 17-24 (“IF 17-24”) on October 15, 2017, ordering all employers to suspend any tax lien proceedings or enforcements over employee salaries in favor of the Treasury for a term of ninety (90) days. This suspension shall be extendable to any amounts that are considered a lien in favor of the Secretary of the Treasury, or any other withholding on salaries established as part of a payment plan with the Treasury.

Suspension of Tax Lien Withholdings Performed by Employers

Tax Benefits of Emergency Payments and Loans to Employees

October 6, 2017

On October 4, 2017 the Department of the Treasury issued Administrative Determination No. 17-21 (“AD 17-21”) establishing a temporary tax exemption on payments made by an employer to its employees to help repair or compensate for damages and losses suffered as a consequence of Hurricane Maria.

Tax Benefits of Emergency Payments and Loans to Employees

Client Alert – DDEC Incentives Act for the Retention and Return of Medical Professionals

August 24, 2017

On February 21, 2017 the Puerto Rico Legislature approved Act 14, 2017, the Incentives Act for the Retention and Return of Medical Professionals (“Act No. 14-2017” or “Act”). The purpose of the Act is to retain and attract medical professionals to the island by providing them with a fixed income tax rate of 4%. Recently, the Department of Health issued Circular Letter No. 1-2017 (1) and the Department of Economic Development and Commerce approved the Regulation under Act 14-2017 which provides guidance on the process and documentation required to obtain a Tax Exemption Grant under such Act.

Client Alert - DDEC Incentives Act for the Retention and Return of Medical Professionals

Client Alert – New Sales an Use Tax Amendments establishing Semimonthly Payments for Certain Taxpayers

August 7, 2017

The Puerto Rico Treasury Department (the “Department”) has issued Administrative Determination Number 17-07 (“AD 17-07”) to provide guidance to merchants following recent amendments to Sections 4042.03 and 4042.04 of the Puerto Rico Internal Revenue Code of 2011 (the “Code”).

Client Alert - New Sales an Use Tax Amendments establishing Semimonthly Payments for Certain Taxpayers

Client Alert – Municipality of Caguas Imposes New Municipal Tax

July 2017

The Municipality of Caguas (“Caguas”) has approved Municipal Ordinance No. 37 (“Ordinance”) to establish a temporary Municipal Business Contribution (“Aportación Empresarial Municipal” or “AEM” for its Spanish acronym) of zero point thirty-five percent (.35%) of its Volume of Business to businesses and individuals that are subject to the Municipal License Tax (“Patente Municipal” for its Spanish name) or have the obligation to declare a Volume of Business in Caguas of Three Million Dollars ($3,000,000) or more for the calendar year previous to the effectiveness of the AEM.

Client Alert - Municipality of Caguas Imposes New Municipal Tax

The Puerto Rico Public-Private Partnerships Authority has announced a number of projects or proposed projects that may be of interest to some of you.

May 2017

The Puerto Rico Public-Private Partnerships Authority has announced a number of projects or proposed projects that may be of interest to some of you. Following is a list of some of them.

Employment Law Alliance

Employer Must Provide Religious Accommodations

May 2017

The Department of Labor and Human Resources of Puerto Rico, in accordance with Section 2.19 of Act No. 4-2017, known as the Labor Transformation and Flexibility Act (“LTFA”), has enacted the Regulation to Implement Religious Accommodation in the Workplace (the “Regulation”). This Regulation, as its name implies, establishes guidelines and procedures regarding religious accommodation in the workplace.

Section 2.19 of the LTFA requires employers to reasonably accommodate the religious practices of employees or potential employees, unless doing so would create an excessive and undue hardship. As per the Regulation, the employer bears the burden of proving that a specific accommodation would result in greater costs, impair workplace safety, negatively impact the employee’s responsibilities, or that any other alternate accommodation would be unreasonable under the circumstances. In addition, an employer may not simply refuse religious accommodation based on the presumption that other employees with the same religious beliefs and/or practices would request similar accommodation.

Employees seeking religious accommodation must do so in writing and with reasonable anticipation. The written request must include: 1) a description of the religious practice; 2) frequency; and 3) the requested accommodation. The employer must provide a definitive response within seven (7) days upon receiving the request, unless the employee’s religious practice requires a shorter term. Failure by the employer to provide an answer within said term will be considered as granting the requested accommodation.

Employment Law Alliance

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Disclose Now or Forever Lose Your Tax Credits: Government of Puerto Rico Issues New Electronic Disclosure Requirements for Certain Tax Credit Holders

April 2017

On March 7, 2017 the Puerto Rico Fiscal Agency and Financial Advisory Authority (“FAFAA”) issued Administrative Order 2017-01 (hereinafter, “AO 2017-01”), which limited the authority of the Government of Puerto Rico to issue new tax credits and ordered the Secretary of the Puerto Rico Treasury Department (hereinafter, “Secretary” and “Treasury”, respectively) to prepare an inventory of outstanding tax credits that had been granted by Treasury. Pursuant to AO 2017-01, these tax credits must be disclosed by their holders as a condition to claim (or sell) the credits. As required by the FAFAA in AO 2017-01, Treasury published Internal Revenue Circular Letter 17-07 (“CL 17-07”) on April 12, 2017 which explains the procedure to electronically report the ownership of certain tax credits.

Please note that failure to electronically file Form 480.71 by May 15, 2017 will deprive any Holder (as defined below) of their right to claim or sell a Granted Credit in their income tax return for taxable year 2016 and subsequent taxable years.

Below we have included a brief summary of CL 17-07, including a list of the laws that authorize the issuance of tax credits that are now under FAFAA’s review and need to be timely disclosed.

Disclose Now or Forever Lose Your Tax Credits: Government of Puerto Rico Issues New Electronic Disclosure Requirements for Certain Tax Credit Holders

Fiscal Plan for Puerto Rico

March 2017

The Puerto Rico Fiscal Agency and Financial Advisory Authority (“AAFAF”), the Government of Puerto Rico (the “Government”), and each of their respective officers, directors, employees, agents, attorneys, advisors, members, partners or affiliates (collectively, with AAFAF and the Government instrumentalities the “Parties”) make no representation or warranty, express or implied, to any third party with respect to the information contained herein and all Parties expressly disclaim any such representations or warranties. The Government has had to rely upon preliminary information and unaudited financials for 2015 and 2016, in addition to the inherent complexities that are part of a government in transition, especially after a prolonged period of public finance obscurity. As such, AAFAF and the Government have made certain assumptions that may materially change once more clarity and transparency takes hold, especially after the Government issues the past due audited financials for 2015 and 2016 later this year.

The Parties do not owe or accept any duty or responsibility to any reader or recipient of this presentation, whether in contract or tort, and shall not be liable for or in respect of any loss, damage (including without limitation consequential damages or lost profits) or expense of whatsoever nature of such third party that may be caused by, or alleged to be caused by, the use of this presentation or that is otherwise consequent upon the gaining of access to this document by such third party.

This document does not constitute an audit conducted in accordance with generally accepted auditing standards, an examination of internal controls or other attestation or review services in accordance with standards established by the American Institute of Certified Public Accountants or any other organization. Accordingly, the Parties do not express an opinion or any other form of assurance on the financial statements or any financial or other information or the internal controls of the Government and the information contained herein.

Fiscal Plan for Puerto rico

Equal Pay Act of Puerto Rico, Law No. 16-2017

March 2017

On March 8, 2017 Governor Ricardo Rosselló-Nevares signed into law the Equal Pay Act of Puerto Rico, Law No. 16-2017 to eradicate salary inequality between men and women who perform comparable job functions in the workplace. It prohibits discrimination based on sex against employees who perform work with equal functions that requires the same skill, effort, and responsibilities under similar working conditions, unless such differences are due to: i) a bona fide seniority or merit system; ii) a compensation system based on production volume or quality sales or profit; iii) education, training, or experience reasonably related to a job in particular; and iv) any other reasonable factor other than the person’s sex.

Non-complying employers face a wide range of obligations and penalties. For example, the employer may not equalize the salaries by reducing the compensation of other employees. Also, the employer cannot impose as a condition of employment or job retention that the candidate or employee refrains from disclosing his or her salary or from requesting information about other employees’ salaries.

This law also establishes that any employer who incurs in wage discrimination will pay the discriminated employee any unpaid salary gap and an equal amount as penalty, plus expenses and attorney fees.

An employer can avoid financial liability if one year before a claim is presented, an evaluation of its compensation practices is made in order to start a bona fide process to eliminate gender based wage inequality.

The statute also has a retaliation prohibition to protect employees that: (i) claim discrimination against the employer; (ii) reveal their salaries; or (iii) offer testimony against the employer as part of an investigation for violations under the Equal Pay Act. An employer who incurs in retaliation practices against an employee will be liable for double the damages awarded to the employee.

The Equal Pay Act has a statute of limitations of one year, beginning on the date the employee knew of the employer’s violations with its provisions.

Lastly, although the law was signed on March 8, 2017 and effective immediately, employer’s liability is deferred one year, in order to allow them to implement the necessary corrective measures to be in compliance with the Law.

Equal Pay Act of Puerto Rico

Government’s New Minimum Wage

March 2017

On March 2, 2017, Governor Rosselló-Nevares signed Executive Order 2017-026 increasing the minimum wage to employees in the central government from $7.25 to $8.25 per hour. This increase is to be implemented at the beginning of the next fiscal year on July 1, 2017.

In addition, the Executive Order provides that government contractors in the construction industry must certify that their employees are paid in compliance with the minimum wage. That is, as of July 1, 2017, government contractors will have to certify that their employees earn no less than $8.25 per hour.

The Executive Order also states that the administration’s goal is to progressively increase the minimum wage to employees in the central government until it reaches a pay rate of $10.00 per hour, requiring all government contractors in the construction industry to do the same.

In addition to Executive Order 2017-026, Governor Rosselló-Nevares stated that he intends to issue another Executive Order establishing a Committee that will be in charge of raising Puerto Rico’s Minimum Wage.
We at Goldman remain committed in assisting you and your business to adjust to these forthcoming changes in the Law. For further information, or detailed legal advice you may contact any of the attorneys in the Labor Department.

Government's New Minimum Wage

Government Enacts New Tax Incentives to Retain Physicians in Puerto Rico

Labor Transformation and Flexibility Act

Labor Transformation and Flexibility Act

Labor Transformation and Flexibility Act

Service Charge? For what?

Service Charge? For what?

Labor Transformation and Flexibility Act

Labor Transformation and Flexibility Act

To all our Clients and Friends

To all our Clients and Friends

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Please click below to read our Client Alert: Time to put your corporation up to date in its annual report filings

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U.S. House Committee

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new case

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ILN Finn of the Month - [nap_names id=

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Bill 501

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El arbitraje

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General C

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Employer's obligation

Reconocimiento 100 Empresas

Reconocimiento 100 Empresas

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Gender Identity Discrimination

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GAC Newsletter #79

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Spring Newsletter 2010

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Client Alert 3-10-10

 

 

 

 

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December Business Law Developments

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Summer 2009

 

 

 

 

Asociación de Contratistas Generales

Asociación de Contratistas Generales

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