SCMP Breaking News - Labor & Employment
Year 8, Vol. 1 - January 17, 2023
On December 22, 2022, Law No. 114, also known as the “Fair Internship Act of Puerto Rico”, was enacted into Law. This new law seeks to promote opportunities for young university students to acquire knowledge and practical experience during their years of study, while protecting them from labor exploitation and/or from working without receiving financial compensation. advice from their own legal counsel.
What does Law 114 do?
Law 114 prohibits any person or government entity from offering an internship, research experience or similar program to a university student or any person who graduated from college less than one (1) year prior, without financial compensation. Accordingly, pursuant to Law 114, any internship or research experience must be paid, at a minimum, according to the federal minimum wage, or by a global stipend that, when computing the time worked and the stipend awarded, represents compensation that is at least equal to the federal minimum wage.
How is “internship” defined under Law 114?
Under Law 114, the term "Internship or research experience" is defined as “any program of a public or private entity that offers a learning and work experience for high school students, post-secondary students, or individuals who graduated from a post-secondary program less than one (1) year prior.
In addition, to be considered an internship orresearchexperienceunderLaw114:
The program must entail at least ten (10) work hours per week.
The work must be carried out during a specific period, defined prior to the commencement of the internship.
The participant in the program must have a direct supervisor.
The participant in the program must be evaluated, at least, at the midpoint of the internship or program and also at the end of the internship or program, and his/her supervisor must discuss the results and establish actions that help the participant to improve.
The program must include an educational and mentoring component related to skills development, networking, and professional development.
The program must not involve the displacement of individuals who carry out a function or any paid work for the entity, nor must it limit or prevent the creation of paid jobs for the entity.
How is “volunteering” defined under Law 114?
The term "Volunteering" under law 114 is defined as follows: free and voluntary enlistment to participate in activities of social or community interest, without any obligation that is not purely civic and with no remuneration of any kind, provided that said participation occurs within the scope of public or private organizations.
"Volunteering" as defined in the law excludes voluntary or sporadic actions provided "outside of public or private organizations, for family reasons, friendship or good neighborliness."
In addition, volunteer should not involve the displacement of people who carry out a function or paid work for the entity, nor must it limit or prevent the creation of paid jobs for the entity.
Volunteer work may not require a commitment of more than twenty (20) hours per week.
What types of programs are not covered under Law 114?
Law 114 does not apply to the following programs:
Programs offered to fulfill a graduation requirement or in exchange for university credits;
“Volunteering” programs;
Programs where the participant is limited to observing what other employees or researchers do (“shadowing”) or when the assigned tasks do not require knowledge or basic skills in any particular subject;
Internship or volunteer programs in federal or state government departments or agencies; and
Programs of non-profit entities that meet certain requirements under the Puerto Rico Department of Labor and Human Resources (“DTRH”). In this case, the entities must obtain authorization from the DTRH for this purpose, in accordance with the requirements established in the law.
What rights does Law 114 afford to Student Interns?
Finally, the measure establishes the following “rights to persons who participate in internships or research experiences”:
To receive economic compensation or academic credit as part of the work they do.
To acquire knowledge and practical experience “in an environment of respect, support and professionalism in which their work is recognized and valued”.
To be informed about the specific tasks that will be assigned to them during the term of the program and for which they will be paid, and the criteria under which they will be evaluated.
To be protected against discrimination, attacks on their dignity and reputation and humiliation.
To receive protection for their health, physical integrity and privacy, and to be informed about any reasonable accommodation that will be provided to address any impediment that requires it.
To be informed of their rights under Law 114.
All rights are derived from the agreement with the entity for which they work.
NOTE: Law 114 went into effect immediately upon its enactment.
What should employers do?
Review your policies and programs to ensure that the company’s internships and/or research programs comply with the Law.
Prepare any applicable forms and documents including, but not limited to, evaluation forms, program agreements and documents informing interns of their rights under the law in order to ensure compliance with Law 114.
NOTE: Internship programs are industry and business specific and require careful consideration. SCMP can assist you in ensuring that your program and all related policies and documents comply with Law 114 and suit your business needs.
If you have any additional questions, contact us at (787) 945-0380
Because of the general nature of this newsletter, nothing herein should be construed as legal advice or a legal opinion. SCMP Breaking News and all its content is property of Silva-Cofresí, Manzano & Padró, LLC
Bình luận