Since McConnell Valdés was founded over 75 years ago ours has been one of Puerto Rico’s leading Labor & Employment Practice groups in Puerto Rico. And, when it comes to problem-solving, we are second to none in Puerto Rico, achieving winning outcomes – and setting precedents -- in both federal and local courts on behalf of our clients, who praise our team for its responsive and knowledgeable handling of complex, high profile labor-related cases and disputes.
Our attorneys are recognized and respected leaders in the field, distinguishing themselves by successfully representing management in major union movement employer campaigns and elections, as well as in discrimination, wrongful discharge and multiple party claims. We have championed court decisions that have impacted case law in age, gender, and disability discrimination, as well as sexual harassment and workers’ compensation. In every engagement, our clients benefit from the knowledge and experience of our credentialed attorneys, some of whom are ranked as Leading Lawyers by Chambers and Partners Latin America and Global Guides and ranked among The Best Lawyers in Puerto Rico. The group is also consistently ranked as a Top Tier Labor & Employment practice in Puerto Rico.
While we are exceptionally experienced in handling matters involving wage and hour litigation, discrimination litigation, and labor-management relations, we also provide preventive legal counseling, so clients can take steps to avoid unnecessary workplace conflicts. We also have a sub-specialized team which deals with mergers & acquisitions. These attorneys draft and negotiate employment-related provisions tailored to Puerto Rico’s legal framework and transfer of employees’ requirements to help structure and successfully close these sophisticated and complex transactions.
Above all, we enjoy close relationships with our clients, who view us as trusted members of their teams who not only understand labor issues but also have a profound understanding of their companies’ workplace requirements. We actively advise our clients on every facet of their businesses – from drafting personnel policies to engaging in complex collective bargaining, while our day-to-day guidance encompasses everything from compliance to prevention. By calling on colleagues in our Employee Benefits group, we are able to offer clients truly comprehensive counsel covering all aspects of their employer-employee relationships.
- Defend employers in class action and multiparty employment cases, including discrimination, wage and hour violations, and ERISA violations, as well as complex whistle-blowers’ protection, sexual harassment, retaliation, defamation, and libel and slander cases.
- Handle first impression cases regarding the definition of a disabled person, the employer’s duty to accommodate an employee with a disability, and the workers’ compensation employment leave and right to reinstatement.
- Counsel on serious wage and hour challenges to the meal-period reduction and compensable time for donning and doffing.
- Handle claims-free reductions in force and plant closings.
- Negotiate high profile collective bargaining agreements.
- Advise on strike administration and injunction relief to protect management rights.
- Maintain an excellent approvals rate before the U.S. Citizenship and Immigration Services.
- Handle merger & acquisitions labor-related issues
One of the ways we serve our clients is by keeping them informed about developments and legislation that may affect their businesses - to this end, we lead regular seminars and round table discussions. Accomplished thought leaders, our attorneys also regularly speak, lecture and write on various labor and employment related topics.
We provide our clients with outstanding counsel on:
Helping new and existing businesses and individual entrepreneurs obtain the visas they need to establish a presence in Puerto Rico. Read more...
Offering clients strategic, preventive counsel that helps them minimize - and avoid - the risk of litigation. Read more...
Experienced in all aspects of management and union relations, we regularly represent public and private companies in these evolving relationships. Read More...
Wage & Hour Regulation
When wage and hour disputes are unavoidable, our experienced litigators advocate forcefully and persuasively on behalf of our clients. Read More...
Welfare Benefits & ERISA
Counseling employers and plan administrators on issues concerning their sponsored benefits plans. Read more...
Representative Clients & Matters
- Successfully defending a hotel client in a wages and hours lawsuit originally filed by 631 hotel tipped employees alleging owed salaries related to tips/service charges income that was not included in calculations of their overtime wages, sick and vacation benefits. After many years of litigation entailing numerous legal controversies and reviews up to the Puerto Rico Supreme Court; and as a result of dispositive motions that were granted throughout the case on behalf of the client, only 56 claimants remained active in the case. Their claims were settled for a nuisance value (5% of the potential liability exposure).
- Advising a global pharmaceutical company on the USD $4.2 billion divestiture of its orthodox-clinical diagnostics business with 40 operations in 45 countries and sales in more than $100 million dollars.
- Representing a client in a $650 million dollar civil action involving claims of age discrimination, wrongful termination and unpaid salaries. This case involved numerous and complex e-discovery issues during discovery and at the trial. Our client prevailed in all the e-discovery disputes and subsequently the Court issued a judgment for the Company.
- Negotiating three collective bargaining agreements for our client with two separate labor unions in record time and with high cost-effectiveness: two of the agreements were concluded in only two meetings each, and the third agreement in 50 minutes.
- Negotiating two collective bargaining agreements in only eight negotiation sessions, which is a record for this client and Union. Through the negotiations, we were able to avoid a strike and obtain a reduction in force, a complete overhaul of job classifications, and the elimination of long-standing contractually acquired benefits, among others.
- Providing counsel in all employment law matters related to a corporate and operational restructure a business. Legal advice included analysis of operational units, order of retention for a reduction in force of approximately 135 employees and the closing of an operational unit, revision of separation agreements, preparation of employee and government notifications under WARN, revision of announcements, frequently asked questions and presentations, revision of labor & employment provisions in the purchase agreement, advice on successor employer issues and related aspects, as well as interaction with regulatory and corporate counsel.
News & Publications
- Employer’s Duty of Reasonable Accommodation under Pregnant Workers Fairness Act (PWFA) Becomes EffectiveAn McV Labor & Employment AlertJuly 3, 2023
- An McV Labor & Employment Law AlertMarch 7, 2023
- An McV Labor & Employment Law AlertOctober 5, 2022
- An McV Labor & Employment Law AlertOctober 4, 2022
- Financial Oversight & Management Board for Puerto Rico requests the Governor of Puerto Rico to suspend implementation and enforcement of Act 41-2022; Governor acknowledges request for additional information but refuses to suspend implementation of ActAn McV Labor & Employment Law AlertJuly 20, 2022
- Puerto Rico Secretary of Labor Issues Opinions to Clarify Act 41-2022 Provisions on Vacation and Sick Leave for Part Timers and the law’s Applicability of Special Treatment for Small EmployersAn McV Labor & Employment Law AlertJuly 20, 2022
- An McV Labor & Employment Law AlertJuly 11, 2022
- An McV Labor & Employment Law AlertJune 22, 2022
- An McV Labor & Employment AlertJanuary 13, 2022
- An McV Labor & Employment Law AlertSeptember 22, 2021
- An McV Labor & Employment Law AlertAugust 2, 2021
- An McV Labor & Employment Law AlertFebruary 9, 2021
- An McV Tax AlertNovember 18, 2020
- An McV Labor & Employment Law AlertNovember 4, 2020
- An McV Labor & Employment Law AlertOctober 13, 2020
- U.S. Court of Appeals for the First Circuit Makes Important Ruling Regarding Trade Secret Misappropriation and Non-Disclosure AgreementsAn McV IP & Labor AlertSeptember 9, 2020
- An McV Labor & Employment Law AlertAugust 24, 2020
- An McV Labor & Employment Law AlertAugust 17, 2020
- Extended Renewal Deadline of 2020-2021 Workers’ Compensation Insurance Policy and Changes in Coverage of Remote WorkersAn McV Labor & Employment Law AlertJuly 6, 2020
- An McV Labor & Employment Law AlertJune 19, 2020
- McV Labor & Employment Law NewsMay 20, 2020
- May 4, 2020
- An McV Labor & Employment Law AlertApril 28, 2020
- An McV Labor & Employment Law AlertApril 14, 2020
- An McV Labor & Employment Law AlertMarch 30, 2020
- An McV Labor & Employment Law AlertMarch 25, 2020
- An McV Labor & Employment Law AlertMarch 20, 2020
- An McV Labor & Employment Law AlertFebruary 21, 2020
- An McV Labor & Employment Law AlertNovember 22, 2019
- An McV Labor & Employment Law AlertOctober 8, 2019
- New Law Provides Employees 15 Days of Unpaid Leave to Deal with Situations of Domestic Violence and AbuseAn McV Labor & Employment Law AlertAugust 5, 2019
- An McV Labor & Employment Law AlertJuly 3, 2019
- An McV Labor & Employment Law AlertJune 19, 2019
- An McV Labor & Employment Law AlertMay 6, 2019
- McV Labor & Employment Practice GroupFebruary 28, 2019
- McV Labor & Employment Practice GroupJanuary 4, 2019
- An McV Labor & Employment Law AlertDecember 12, 2018
- An McV Labor & Employment Law AlertNovember 26, 2018
- An McV Labor & Employment Law AlertSeptember 24, 2018
- An McV Labor & Employment Law AlertAugust 14, 2018
- An McV Labor & Employment Law AlertJuly 24, 2018
- An McV Labor & Employment Law AlertJuly 24, 2018
- An McV Labor & Employment Law AlertJune 26, 2018
- McV Labor & Employment Law Tidbit Series: Act 61 Compliance Deadline for Government Contractors ApproachingMcV Labor & Employment Practice GroupJune 12, 2018
- McV Labor & Employment Practice GroupMarch 15, 2018
- McV Labor & Employment Practice GroupFebruary 13, 2018
- An McV Labor & Employment Law AlertFebruary 2, 2018
- An McV Labor & Employment Law AlertJanuary 31, 2018
- An McV Labor & Employment Law AlertDecember 27, 2017
- An McV Welfare Benefits and ERISA Litigation AlertDecember 8, 2017
- An McV Labor & Employment Law AlertNovember 16, 2017
- An McV Labor & Employment Law AlertOctober 19, 2017
- An McV Tax AlertOctober 10, 2017
- An McV Labor & Employment Law AlertOctober 6, 2017
- An McV Labor & Employment Law AlertAugust 22, 2017
- An McV Labor & Employment Law AlertApril 10, 2017
- An McV Labor & Employment Law AlertMarch 13, 2017
- An McV Employee Benefits AlertFebruary 10, 2017
- An McV Labor & Employment Law AlertJanuary 10, 2017
- An McV Immigration Practice AlertNovember 15, 2016
- An McV Labor & Employment Law AlertOctober 21, 2016
- An McV Labor & Employment Law AlertSeptember 6, 2016
- The Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”) excludes Puerto Rico from the Department of Labor’s Final Rule regarding “white collar” exempt employeesAn McV Labor & Employment Law AlertJuly 1, 2016
- An McV Corporate AlertJune 22, 2016
- Failure to comply with Title VII, ADA and GINA’s notice posting requirements may result in fines of up to $525 for each separate offense starting on July 5, 2016An McV Labor & Employment Law AlertJune 21, 2016
- An McV Labor & Employment Law AlertJune 21, 2016
- An McV Labor & Employment AlertMay 18, 2016
- March 8, 2016
- Puerto Rico Supreme Court reinforces employer’s duty to provide a private, safe and hygienic location to its working mothers who are breastfeeding.February 9, 2016
- January 7, 2016
- U.S. Department of Labor’s Wage and Hour Division issues Administrator’s Interpretation 2015-1July 20, 2015
- Update Regulations for Exempt Employees AnnouncedJuly 1, 2015
- Recent Legislation Affecting the Labor & Employment Law AreaJune 30, 2015
- Act 174 Extends Incentive Plan on Amounts owed by EmployersOctober 23, 2014
- Acts 160 and 169October 7, 2014
- Governor vetoes Senate Bill 501 regarding workplace harassmentJune 16, 2014
- Severance pay in connection with a reduction in force not subject to FICAApril 2, 2014
- Legislation UpdateFebruary 25, 2014
- Legislation UpdateJanuary 29, 2014
- Puerto Rico Supreme Court issues decision addressing “attorney-client” privilegeNovember 13, 2013
- Recent Legislation Affecting the Labor & Employment Law Area - October 2013October 16, 2013
- DOMA Impact on Puerto Rico Employers and the Administration of Retirement and Health Benefit PlansOctober 8, 2013
- Law Prohibiting Discrimination Based on Genetic Information SignedSeptember 24, 2013
- New Regulations Impact Federal Contractors and Veterans' HiringSeptember 4, 2013
- Recent Legislation Affecting the Labor & Employment Law AreaJune 11, 2013
- USCIS publishes revised Employment Eligibility Verification Form I-9April 3, 2013
- Significant Changes Related to the Family and Medical Leave ActApril 3, 2013
- Severance Pay in Connection with a Reduction in Force not Subject to FICAFebruary 5, 2013
- Recent Legislation Affecting Labor & Employment LawSeptember 25, 2012
- ASUME issues notice to employers regarding child support paymentsJuly 18, 2012
- U.S. Supreme Court's Upholds Affordable Care ActJune 29, 2012
- Two Bills in the Labor & Employment Law Area ApprovedJune 29, 2012
- Recent Developments in Labor and Employment LawJune 21, 2012
- Deadline Postponed for Displaying NLRB PosterApril 17, 2012
- PR Treasury issues guidance regarding Title I ERISA PlansMarch 1, 2012
- House Bill 2378: Incentive Plan on Amounts owed to the State Insurance Fund CorporationJanuary 24, 2012
- Employee Social Security Tax Withholding Rate Reduction Temporarily Extended into 2012December 28, 2011
- Recent Developments Affecting the Administration of Group Health PlansSeptember 19, 2011
- NLRB Issues Rule Requiring Employers to Post Notice Regarding Employee RightsSeptember 1, 2011
- August 15, 2011
- Proposed Amendments to Act 100 Extend Protection Against Employment Discrimination to Employees with Criminal ConvictionsJuly 5, 2011
- March 30, 2011
- March 21, 2011
- The new Internal Revenue Code of 2011 introduces many important changes to the Puerto Rican tax system, and, in some instances, requires immediate attention by entities operating in Puerto RicoMarch 14, 2011
- December 12, 2010
- Patient's Bill of Rights and Responsibilities Amended to Adopt main Provisions of the Federal Health Reform StatuteNovember 15, 2010
- Obama Administration Issues Key Final Interim Regulations Regarding Patient Protection and Affordable Care ActSeptember 15, 2010
- August 9, 2010
- March 25, 2010
- January 25, 2010
- December 22, 2009
- November 16, 2009
- September 3, 2009
- Winter 2009-10
- Summer 2009
- August 13, 2009
- Spring 2009
- Federal economic stimulus package requires employers to subsidize COBRA premium to involuntary terminated employees, and expands HIPAA privacy and security obligationsFebruary 20, 2009
- January 9, 2009