Circuit Court Finds Puerto Rico’s Law 41-2022 Is Void

By Carlos G. Colόn-Machargo and Lina Fernandez © Ogletree Deakins September 19, 2023

The 1st U.S. Circuit Court of Appeals recently affirmed the U.S. District Court for the District of Puerto Rico's decision declaring a labor law null and void.

Law 41-2022 sought to repeal some of the reductions in benefits enacted by the 2017 Labor Reform (Law 4-2017) for employees hired on or after Jan. 26, 2017, including the reduction in the vacation accumulation rates, the increase in the number of hours worked to qualify for the Christmas bonus, the cap on the statutory severance, the extension of the automatic probationary period, and the shortening of the statute of limitations to file employment-related claims.

On Aug. 10, 2023, the 1st U.S. Circuit Court of Appeals affirmed the district court decision and held that Puerto Rico's Law 41-2022, which had reduced some benefits enacted under the 2017 Labor Reform Law, was null and void.

Employers must follow the employment regulations that were in force prior to July 20, 2022, the effective date of Law 41-2022, which were incorporated by the 2017 Labor Reform.

Carlos G. Colόn-Machargo is an attorney with Ogletree Deakins in Atlanta. Lina Fernandez is an attorney with Ogletree Deakins in Boston. © 2023. All rights reserved. Reprinted with permission.



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