Puerto Rico Sample WARN Notification Letter — General Employee Notice: [Company Name] [Company Address] [City, State, ZIP] [Date] [Employee's Name] [Employee's Address] [City, State, ZIP] Dear [Employee's Name], RE: Notice of Mass Layoff and Plant Closing Pursuant to the WARN Act We regret to inform you that due to unforeseen circumstances, we are compelled to implement a mass layoff and plant closing at [Company Name]. This decision is made after careful consideration of the current economic conditions that have adversely affected our business operations in Puerto Rico. According to the Worker Adjustment and Retraining Notification (WARN) Act, we are required to provide written notice to affected employees at least 60 days in advance of any mass layoff or plant closing. Therefore, this letter serves as an official notice of such actions. Purpose: The purpose of this notice is to inform you of the upcoming events, their dates, and the potential impacts on your employment status and benefits. Affected Employees: The mass layoff and plant closing will affect a significant number of employees within our organization. Specifically, this layoff applies to all employees working at our Puerto Rico branch located at [Branch Address]. Unfortunately, all positions at this location will be eliminated, and the operation will cease permanently. Timeline: The termination of employment will commence on [Effective Date]. Hence, the notice period provided exceeds the 60-day requirement mandated by the WARN Act, granting adequate time for employees to prepare for this transition. Employment Benefits: Pursuant to the Employment Retirement Income Security Act (ERICA) and other applicable legislation, we have taken into account the necessary measures to assist you during this transition. You will receive your final paycheck on your last day of employment, which will include any accrued but unused paid time off (PTO) and other applicable compensations. Additionally, we will ensure the continuation of your medical and dental coverage during the notice period through our existing group health insurance plans. You will have the opportunity to enroll in COBRA coverage, extend your health benefits, and maintain coverage for an extended duration after the termination date. Job Placement Assistance: We understand the challenges associated with job loss, and therefore, we highly encourage you to take advantage of the resources available to you. Our company will be organizing job fairs, workshops, and providing access to career counseling services to help you find alternative employment opportunities. These resources aim to support your transition into the job market as smoothly as possible. Conclusion: We deeply regret the impact this decision will have on you and your colleagues in Puerto Rico. We genuinely appreciate the contributions you have made to our organization over the years and recognize the dedication you have shown. Should you have any questions or concerns, please do not hesitate to contact us by [contact information]. We hope that this transition period will offer you new beginnings and opportunities for personal and professional growth. We extend our best wishes for your future endeavors. Sincerely, [Your Name] [Your Title] [Company Name] --- Different types of Puerto Rico Sample WARN Notification Letters could include: 1. Puerto Rico Sample WARN Notification Letter — Individual Employee Notice: This variation of the letter is personalized and sent out to each affected employee individually, addressing their specific circumstances, employment benefits, and job placement assistance. 2. Puerto Rico Sample WARN Notification Letter — Unionized Employee Notice: This type of letter is tailored to employees who are part of a labor union. It includes relevant details regarding the consultation process with the union representatives and specifies any additional benefits or provisions negotiated with the union. 3. Puerto Rico Sample WARN Notification Letter — Collective Employee Notice: In cases where there are multiple employees affected, but not covered by a union agreement, a collective employee notice is issued. This letter conveys the same overall information as the general notice but specifically addresses the affected employees as a collective group, emphasizing similar impacts and resources available. 4. Puerto Rico Sample WARN Notification Letter — Supplemental Notice: Should there be any subsequent updates or changes to the initial notice, a supplemental notice is issued to ensure that affected employees are kept informed of any modifications to the layoff or plant closing plans. This can include updated termination dates, extended benefits, or new job placement opportunities.
Puerto Rico Sample WARN Notification Letter - General Employee Notice
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FAQ
As Puerto Rico is subject to US federal law, to qualify as an exempt or "white-collar" employee, an employee must meet the requirements of the Fair Labor Standards Act (FLSA).
Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.
The minimum wage under the Fair Labor Standards Act (FLSA) is generally applicable to any state, territory, or possession of the United States such as Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (CNMI).
Can US companies hire foreign workers? Yes, US companies can hire foreign workers either as full-time employees or independent contractors, with the option of either working remotely in their home country or relocating to the US with the relevant labor certification and visa.
Companies looking to hire workers from Puerto Rico must comply with Public Law 87. It requires employers who are recruiting on the island to obtain authorization by the Secretary of Labor and Human Resources of Puerto Rico, according to Odemaris Chacon, a labor attorney with Estrella, based in Puerto Rico.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico. For stateside employers, that is the easy part.
Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.
In short, because Puerto Rican workers are U.S. citizens, the process is quite simple. This process can include using a third-party recruiting agency or sourcing directly from the island, which bear varying levels of cost.
May an employer provide pay in lieu of notice? The US Worker Adjustment and Retraining Notification Act (WARN) applies in Puerto Rico to mass layoffs requiring advance notice under certain circumstances. Under WARN, pay in lieu of notice may be provided in certain circumstances.
Companies looking to hire workers from Puerto Rico must comply with Public Law 87. It requires employers who are recruiting on the island to obtain authorization by the Secretary of Labor and Human Resources of Puerto Rico, according to Odemaris Chacon, a labor attorney with Estrella, based in Puerto Rico.
