Labor and Employment Law

An extensive experience to your service

For decades, the attorneys in our Labor and Employment Law Department have successfully and continuously represented employers in labor and employment matters across various business sectors, including hospitality, casinos, healthcare, manufacturing, construction, and waste disposal, among others.

Our attorneys have extensive experience representing management exclusively in representation petitions before the National Labor Relations Board (NLRB), union avoidance campaigns, negotiating and drafting collective bargaining agreements, and acting as litigators before the NLRB in cases of unfair labor practice charges and other NLRB litigation, as well as in labor arbitrations and mediations.

All members of the Labor and Employment Law Department vigorously represent and defend employers before government agencies such as the EEOC and the Puerto Rico Department of Labor, as well as in federal and Puerto Rican courts, in cases of wrongful termination, discrimination claims under Puerto Rican and federal laws, retaliation, workplace sexual harassment, and employment-related tort cases, such as defamation and privacy rights violations. A substantial aspect of the practice includes general counsel to clients on litigation prevention, compliance with Puerto Rican and federal labor laws and regulations, and claim resolution. Special counsel is provided on matters related to employee benefits, leave obligations, and job retention under the Puerto Rico Maternity Leave Act; the Workers’ Compensation Act; the Temporary Non-Occupational Disability Insurance (SINOT); the Motor Vehicle Accident Compensation Act (ACAA); and the interplay of these laws with the Family and Medical Leave Act (FMLA), COBRA, and the Americans with Disabilities Act (ADA).

It is well known that Puerto Rico’s wage and hour laws, as well as the Fair Labor Standards Act (FLSA), have consistently given rise to claims regarding overtime, meal periods, vacation, sick leave, and record-keeping requirements, among others. Our attorneys are highly aware of this fact and are, therefore, ready to assist employers with the proper application of “white collar” exemptions, the rules and case law governing independent contractor status, all record-keeping requirements under Puerto Rican and federal laws, wage policy audits, and overtime payment compliance. If necessary, they are fully prepared to defend employers in litigation, including collective wage and hour actions. Our Labor and Employment Law Department attorneys are also prepared to conduct internal training on federal and Puerto Rican wage and hour laws and requirements to prevent common violations and ensure full compliance with these laws.

At ADSUAR, we also routinely assist employers in business immigration law. Our trained attorneys can provide clients with cost-effective legal advice and tailored solutions to secure business-related visas, enabling them to recruit and transfer talented employees worldwide. This includes arrangements for business visitors for foreign consultants; L-1A and L-1B visas for intracompany transfers of executives, managers, professionals, and individuals with specialized knowledge; H-1B visas for individuals employed in a professional capacity; and E visas for treaty traders and investors.

Additionally, the immigration team provides counsel related to post-admission matters, such as changes of status or employer, employment-based permanent residency, labor certification applications, I-9 form audits and compliance practices, and visa options for family members of transferred employees.

Our attorneys have represented corporate clients before all government agencies involved in immigration law, including:

• The Department of Homeland Security (DHS)
• The United States Citizenship and Immigration Services (USCIS)
• The United States Customs and Border Protection (CBP)
• The United States Department of Labor (USDOL)
• Immigration and Customs Enforcement (ICE)
• The United States Department of State
• Federal and Puerto Rican courts

Solid representations

Members of the Labor and Employment Law Department also maintain specialized practices representing major airlines serving Puerto Rico in the areas of:

• Labor and employment law
• Passenger litigation, and
• Premises liability

As well as representing insurers in the areas of:

• Employment practices liability
• Directors and officers liability
• Coverage analysis, and
• Underwriting issues