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Abstract
The main purpose of this article is to analyze the scope and the effects of these amendments on Act No. 96 of June 26, 1956, known as the Minimum Wage Act of Puerto Rico. Analysis of Act No. 84 of July 20, 1995 revealed, among other things, that the faculties and research capacity of the Minimum Wage Board were significantly restricted to the detriment of Puerto Rican workers. Although on the one hand equality in the automatic application of the federal minimum wage is supposedly guaranteed, on the other hand, the federal minimum is equivalent to a wage ceiling upon which salaries cannot be fixed under the protection of the legislation in Puerto Rico as it was prior to the amendments. It also restricts vacation and sick days beyond fifteen and twelve, respectively, and does not permit the extension of these benefits to employees who work less than 115 hours in a given month. In addition to reducing the revision powers of the Board at the local level, these amendments have eliminated the right to a guaranteed minimum weekly compensation to workers in hospital, restaurant, hotel, brewing, and retail industries. This study also identifies other findings unrelated to the main purpose of this work that we cannot ignore due to the impact that they may have in the future. These have to do with errors in the wording of the statute which tend to generate confusion and will require amendments to the act before disputes reach the courts. These errors were probably the result of the urgency in approving the law or lack of adequate consultancy (or both).
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