Amendment to Act 115 Adds Internal Complaints Before Employers as Protected Activity Against Retaliation in Puerto Rico

On September 29, 2014, Governor Alejandro García Padilla signed into law an amendment to Puerto Rico Act 115, effective immediately. The amendment expands the Act’s anti-retaliation protection to cover “any testimony, expression or information [that an employee] offers or attempts to offer as part of internal procedures established in the company, or before any employee or representative in a position of authority.” Prior to this amendment, Act 115, Puerto Rico’s general anti-retaliation statute, limited protected activity to “any testimony, expression or information [that an employee offers or attempts to offer] before a legislative, administrative or judicial forum in Puerto Rico.” Thus, employees in Puerto Rico now have significantly more ample protection against retaliation. This amendment also broadens the definition of “employer” to make it even more expansive and applicable to “all employers equally.” The definition is so expansive that it effectively eliminates any possible exclusion. We will shortly be providing a more in-depth discussion of this substantial change in employers’ potential liability under Act 115.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.