Stop Raising our Labor Costs
O&B Labor partners speaks out against increase the labor cost. Click here to download the full Caribbean Bussines article.

NLRB Pro Union Posting Requirement Postponed
On December 23, 2011, the National Labor Relations Board (the “Board”) postponed until April 30, 2012, the effective date of its employee rights notice-posting rule. This new posting requirement has elicited strong opposition from many business groups, who have all filed lawsuits against the Board challenging the validity of the Board’s posting requirement. The NLRB’s most recent postponement responds to a recommendation made by the federal court judge hearing the challenge to the poster requirement.

Unless the effective date of the new rule is further delayed or the rule itself is overturned by the court, most private sector employers may soon be required to post the 11-by-17 inch notice, describing employee rights under the National Labor Relations Act (“NLRA”). The rule applies regardless of whether or not the workforce is unionized or the employer is a federal contractor. The rule provides that a federal contractor who is in compliance with similar Department of Labor’s (“DOL”) posting requirements will be deemed in compliance with the Board's notice posting rule. To read the full article, click here to download the newsletter.

NEWSLETTERS 2011

O'Neill & Borges LLC Labor Department obtains decision from the Puerto Rico Supreme Court favoring employers in dismissal and retaliation cases
O’Neill & Borges, LLC obtains a leading labor and employment case under various local statutes: Law 80 (Wrongful Discharge Act); Law 139 (Short Term Non Occupational Disability Act or SINOT); and Law 115 (Anti-Retaliation Act). In a unanimous decision, the Puerto Rico Supreme Court held, in José Feliciano Martes v. Sheraton Old san Juan, (Op. issued on July 5th, 2011), that plaintiff’s discharge for failing to notify his absences in the manner specified in the hotel’s manual was justified and the hotel’s automatic discharge rule was reasonable under Law 80; that the duty to reserve employment under SINOT is not activated until the employee files a complete application with all parts filled out and is granted the benefits by the Agency; that the act of asking the employer to fill out the SINOT application is a protected activity under Law 115; it also adopted federal jurisprudence regarding the burden shifting framework in retaliation cases and held that plaintiff did not prove that defendant’s reason for firing him was pretextual. In doing so, the Supreme Court overturned the Court of First Instance’s decisions based on alleged credibility determinations.

New Additions to the Bankruptcy, Reorganization, and Creditors’ Rights Group
O’Neill & Borges, LLC is pleased to announce that, effective on July 1, 2011, two additional attorneys will join its Bankruptcy, Reorganization, and Creditors’ Rights Group. These attorneys strengthen our team with additional support, depth and experience on, among other things, foreclosure, lender liability and workouts. On March 21, 2011, O’Neill & Borges, LLC added an additional attorney to this practice, focusing on bankruptcy and foreclosure matters. Further, an additional attorney will be joining the group in the next months to focus on bankruptcy and reorganizations. O’Neill & Borges, LLC continues to have the largest bankruptcy, creditors’ rights, restructuring, and insolvency practice in Puerto Rico, and the recent addition to our group of these attorneys will assist in maintaining, in this growing practice, the high quality service and responsiveness that our clients demand and expect from our group. Click here to download the group profile.

The Puerto Rico Legislature Approves Tax Amnesty on Personal and Real Property Tax Debts
Act No. 94 of June 16, 2011 (“Act No. 94”) provides an amnesty consisting of the total elimination of interest, penalties and surcharges on certain unpaid real and personal property taxes. For a description of Act No. 94, Click here to download the newsletter.

The Puerto Rico Legislature enacts new Trade & Industrial Secrets Protection Act
More businesses around the world are using trade secrets as a mechanism to protect valuable information that cannot be patented or is in the process of being patented. Moreover, when compared with other types of protections, many organizations prefer protection as a “trade secret” because of its lower implementation costs and the possibility of perpetual protection. With Puerto Rico’s newly enacted Trade & Industrial Secrets Protection Act, Act No. 80 of June 3, 2011, the Legislature aims to provide the same protections as other jurisdictions in the United States. Click here to download the newsletter.

Ex-convicts May Soon Claim Discrimination Protection
On June 24, 2011 the Puerto Rico House of Representatives approved Senate Bill 1730 which, if signed by the Governor, will provide individuals with past criminal records the same protection against employment discrimination as provided to other covered groups under Puerto Rico’s General Antidiscrimination in Employment Act, Commonwealth Law No. 100 of June 30, 1959, as amended. Click here to download the newsletter.

Court Opens Door to More Retaliation Claims
Can an employer be held liable under Title VII antiretaliation provisions when it fires an employee who has a romantic relation with another co-worker, when the latter has presented an employment discrimination claim against the employer? The United States Supreme Court recently answered this question in the affirmative. Thompson v. North American Stainless (Op. January 24, 2011). In doing so, the Court has expanded the availability of retaliation claims under Title VII, and probably under other employment discrimination laws, to a broader group of individuals. Click here to download the newsletter.

New Puerto Rico Internal Revenue Code Approved
A new Puerto Rico Internal Revenue Code was signed into law as Act No. 1 of January 31, 2011 known as the "Puerto Rico Intemal Revenue Code for a New Puerto Rico” (the “New Code"). The New Code amends and adds new provisions to former Section 1165 of the Puerto Rico Internal Revenue Code of 1994, as amended (the “1994 Code"), which governed the qualification of pension plans in Puerto Rico. Click here to download the newsletter.

Genetic Information Nondiscrimination Act (GINA)
O'Neill & Borges LLC' February 2011 "Labor & Employment Legal Alert" examines the EEOC regulations interpreting the requirements of the Genetic Information Nondiscrimination Act (GINA), which affects how and when employers can obtain certain type of medical information from employees. These regulations went into effect on January 10, 2011. Click here to download newsletter.