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All in all, even if you have to hire employees in Puerto Rico, the process is relatively simple and straightforward. You can take advantage of a highly skilled labor force that works for significantly lower wages than in the US while enjoying Puerto Rico's generous tax incentives.
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.
Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.
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.
Whether you're a seasoned digital nomad or a first-time remote worker, you can relocate to Puerto Rico Opens in new window for a few weeks, a few months, or moreno applications, visas, or passports required for U.S. citizens. Discover how easy, exhilarating, and vibrant work in full color can be.
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.
Employment law in Puerto Rico is covered both by U.S. labor law and Puerto Rico's Constitution, which affirms the right of employees to choose their occupation, to have a reasonable minimum salary, a regular workday not exceeding eight hours, and to receive overtime compensation for work beyond eight hours.
Pedro Pierluisi has sign into law the "Puerto Rico Minimum Wage Act." The new law supersedes the lower federal minimum wage beginning 2022 and creates the "Minimum Wage Review Board" to periodically review and potentially increase minimum wage every two years.
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.
Puerto Rico's minimum wage increased from $7.25 to $8.50 effective January 1, 2022. Additional increases are scheduled to take effect on July 1, 2023, when it will be raised to $9.50, and on July 1, 2024, with a raise to $10.50.