Puerto Rico Employers Offering Internship Programs Must Comply With New Law

Law FirmLittler Mendelson
Subject MatterEmployment and HR, Employee Benefits & Compensation
AuthorMs Irene Viera Matta
Published date02 January 2023

By Irene Viera Matta and Ruy Diaz Gonzalez* on December 29, 2022

On December 27, 2022, Gov. Pedro Pierluisi signed Act 114 of 2022, known as the "Puerto Rico Fair Internships Act" (Act. 114) into law. Act 114 seeks to offer compensatory protections to students who are part of internship programs where existing state and labor legislation do not.

Article 4 of the Act states that the term "internship" refers to any program of either public or private institutions that offer learning or work experiences to high school students, students pursuing higher education degrees, or recent graduates within a year of graduating. For an internship to be subject to this Act, its must also meet the following criteria: (1) the internship must require ten or more hours per week, (2) the duration of the program must be defined before it begins, (3) the participants must have a direct supervisor, (4) supervisors must provide midterm and final evaluations to their participants and discuss the results with the participants to offer assistance for their development; and (5) the program must include an educational component and mentoring initiatives related to skill development, networking, and professional development.

Internships meeting the abovementioned criteria must offer compensation to its participants. The compensation is to be calculated using the federal minimum wage or the state minimum wage, whichever is higher, or a global stipend based on the time worked...

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