Law Offices of Robert Alex Fleming

Solving Workplace Law  for Employers in Puerto Rico
Closing Law
Commercial establishments in Puerto Rico can only open to the public within a specified schedule, as provided under the law Regulating the Operation of Commercial Establishments, No. 1 of December 1, 1989 (also known as the ‘closing law’).

Covered establishments operating outside the allowed schedule are subject to serious administrative civil and criminal penalties (fine, imprisonment or both). The Department of Justice (Antitrust affairs) investigates violations pertaining to the opening of the store while the Department of Labor enforces the applicable labor laws. Thus, a business subject to the closing provisions can breach the law by both opening a store outside the allowed time and by scheduling employees to work during such a time. In cases where the Store has both exempt and non exempt goods, it can still operate legally during the closing period if it takes all necessary precautions and refrains from selling the non exempt products.

The department of Labor has issued a regulations on this issue. Commercial establishments means “any site, store or similar place where any type of business operation or commercial activity for the sale or transfer of retail articles or which combine wholesale and retail sales are carried out”.

The Law distinguishes between half-day, full-day and Sunday closing. During the hours during which the establishment must remain closed, it cannot conduct any type of work done “except those tasks that are related to the continuity of its operations and maintenance”.

Half day closing allows commercial establishments to remain open from 5:00 a.m. to 9:00 p.m. on: Monday to Saturday, January 5, December 24 and December 31.

Full-day closing means that establishments must be closed all day (24 consecutive hours, which begin and end at midnight). These days are:  January 1, January 6,  Good Friday,  Easter Sunday,  Mother’s Day,  Father’s Day,  General Elections Day, Thanksgiving and December 25.
 
Sunday closing means that on sunday, business establishments may only open to the public from 11:00 a.m. to 5:00 p.m.; except if it falls on a full or a half day, in which case it would follow the applicable schedule for the full or half day. There are exceptions depending on the type of store involved, the nature of the goods sold and the number of employees. Employees that work on Sundays for stores covered by the Closing Law must be paid double the regular rate. Furthermore, there are restrictions as to the employees allowed to work.