Puerto Rico overtime rules
Puerto Rico counts overtime after 8 hours in a calendar day and after 40 hours in a workweek, and on the weekly rest day. The rate is at least 1.5 times the regular rate; some employees hired before Act 4-2017 keep greater rights.
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In the calculators: Puerto Rico rules page available; automatic calculation coming. Until then the HoursReady calculators apply federal rules for Puerto Rico and say so on screen.
Daily overtime after 8 hours in a calendar day
Over 8 hours in a calendar day: overtime. The employer may set an alternate 24-hour cycle with 5 days' written notice and 8 hours between shifts.
Example. One 10-hour day at $12.00: 2 hours at $18.00 or more.
Weekly overtime after 40 hours
Over 40 hours in the workweek: overtime. The workweek is 168 consecutive hours. With no written notice, it begins Monday at 12:01 a.m.
Example. Five 8-hour days plus 4 hours Saturday = 44 hours: 4 hours of overtime.
Work on the weekly rest day is overtime
Hours worked on the weekly rest day set by law are overtime. So are hours worked when the establishment must be closed to the public by law (Sundays do not count as overtime for that reason alone), and hours over a daily maximum in a collective bargaining agreement.
Example. 4 hours on the weekly rest day: 4 hours of overtime.
Overtime rate: at least 1.5×, with older rights kept
At least 1.5 times the regular rate. Employees hired before the Labor Transformation and Flexibility Act (Act No. 4 of January 26, 2017) who had greater rights keep them.
Example. Hired 2019, $12.00: overtime at $18.00. Hired 2010 with a right to double time: overtime at $24.00.
Text read in the official English translation (OGP, rev. Aug 18, 2023). Act 82-2023 amended Section 8 and no official translation is available; the Spanish text was not reviewed.
Alternate weekly schedule: up to 10 hours a day
By written agreement: up to 10 hours a day within a 40-hour week without daily overtime. Over 10 in a workday: 1.5×.
Example. Agreed 4×10: 10-hour days straight time. An 11-hour day: 1 hour at 1.5×.
Who is outside Act 379
Excluded: administrators, executives and professionals as defined by regulation; employees exempt from FLSA overtime; government employees; and, unless the agreement says otherwise, employees under a union collective bargaining agreement (FLSA overtime still applies to them), among others.
Example. A union-covered employee whose agreement does not adopt Act 379: FLSA weekly overtime applies.
Questions
Is Puerto Rico daily overtime double time?
For employees hired after Act 4-2017 took effect, the minimum is 1.5×. Employees hired earlier who had greater rights keep them.
Did Act 41-2022 change this?
The official compilation lists Act 41-2022 as not incorporated and notes it was set aside in In re: FOMB v. Pierluisi Urrutia (Title III case 17-BK-3283).
Who is exempt?
Act 379 lists exclusions. Exemption questions need a professional.
This page explains published rules. It is not legal advice. Exemption questions need a professional. Not affiliated with the U.S. Department of Labor or any state agency.