State Minimum Wage vs. Federal Minimum Wage in Puerto Rico

1. What is the current minimum wage in Puerto Rico, and how does it compare to the federal minimum wage?


As of January 1, 2021, the current minimum wage in Puerto Rico is $7.25 per hour. This is the same as the federal minimum wage set by the Fair Labor Standards Act (FLSA) in all states, except for a few exceptions such as American Samoa and certain industries like tipped employees. However, Puerto Rico has a lower cost of living compared to many states, making this minimum wage slightly higher in terms of purchasing power than other states.

2. Which states have a higher minimum wage than the federal level, and how much higher is it?


As of 2021, there are 29 states that have a higher minimum wage than the federal level.

State | Minimum Wage (per hour)
——————————-|—————————-
Alaska | $10.34
Arizona | $12.15
Arkansas | $11.00
California | $14.00–16.00 (varies by city)
Colorado | $12.32
Connecticut | $12.00
Delaware | $10.25
Florida | $8.65 (expected to increase to $15 by 2026)
Hawaii | $10.10–9.
Illinois | $11 for 2021 (expected to increase to $15 by 2025)
Maine | $12.15 in 2022 (currently at $12 in 2020 with annual increases)
Maryland | $11 – varies by county and will increase to $15 by 2026
Massachusetts| $13.50; state-wide for most private employers
Michigan | $9.87; expected to increase yearly until it reaches $12.05 in 2030.
Minnesota | $10 on Jan 01, 2021 as well as elections every first Monday after Nov ember  School districts have different minimum wages according to school lunches and travel time relating job types
Missouri

3. How often does Puerto Rico reassess and potentially raise its state-level minimum wage?


There is no set schedule for reassessing and potentially raising the state-level minimum wage in Puerto Rico.

4. What factors influence the decision to set a state-specific minimum wage rather than relying on the federal level?


1. Cost of living: Each state has a different cost of living, leading to varying levels of expense for essentials like housing and transportation. States with a higher cost of living may set a higher minimum wage to help workers meet these expenses.

2. Economic conditions: States with a booming economy may choose to set a higher minimum wage in order to attract more workers and keep up with rising wages in the job market.

3. Political climate: The political environment of each state can also play a role in determining the minimum wage. Some states are more lenient towards businesses and may prefer to keep the minimum wage low, while others prioritize workers’ rights and may opt for a higher minimum wage.

4. State demographics: Certain states have larger populations of low-wage workers, such as teenagers or immigrants, who may benefit from a lower minimum wage. Other states with high numbers of unionized workers or working-class voters may be inclined to set a higher minimum wage.

5. Industry-specific considerations: State economies can be heavily dependent on certain industries, such as tourism or agriculture, which may have different labor markets and pay scales. This could lead to variations in state-specific minimum wages for different industries.

6. Legal restrictions: Some states have laws that restrict their ability to set their own minimum wages, often requiring them to match the federal level or stay within a certain range.

7. Historical precedent: Some states have historically had higher or lower minimum wages compared to the federal level, which can influence future decisions on setting state-specific rates.

8. Public opinion: Minimum wage policies are often subject to public debate and pressure from advocacy groups and citizens. State lawmakers may consider public opinion when making decisions about setting their own minimum wages.

9. Cost-benefit analysis: States must weigh the potential benefits of increasing the minimum wage (such as improved worker productivity and reduced poverty) against potential negative effects (such as increased unemployment or business closures). This can influence their decision on whether to set a state-specific minimum wage.

5. Are there any exemptions or exceptions to Puerto Rico’s minimum wage law, such as for certain industries or types of workers?


Yes, there are some exemptions and exceptions to Puerto Rico’s minimum wage law. These include:

1. Agricultural workers: Agricultural employees who work on a farm or plantation are not entitled to the minimum wage until they have worked 130 hours in a single month.

2. Tipped employees: Tipped employees, such as waiters and waitresses, can be paid a reduced minimum wage of $5.08 per hour if their total wages (including tips) equal at least the required minimum wage ($7.25 per hour). If their total wages do not reach the minimum wage, the employer is required to make up the difference.

3. Domestic workers: Employers of domestic service workers, such as housekeepers and nannies, may pay a lower minimum wage of $4.25 per hour for the first 90 days of employment.

4. Learners and trainees: Employees who are under 20 years old may be paid a training wage of $4.25 per hour for the first 90 days of employment.

5. Small businesses: Businesses with less than $475,000 in gross sales are exempt from paying the minimum wage if they have nine or fewer employees.

6. Seasonal employees: Employers may pay seasonal employees under age 18 a reduced rate of $4.25 per hour for up to 20 consecutive weeks during a calendar year.

7. Employees with disabilities: Employers may apply for a special certificate from the Puerto Rico Department of Labor to pay individuals with disabilities less than the minimum wage based on their level of productivity.

8 . Independent contractors: Independent contractors are not covered by Puerto Rico’s minimum wage law and do not have an hourly rate requirement.

It should be noted that these exemptions and exceptions only apply to Puerto Rico’s minimum wage law and employers must still comply with all federal laws regarding wages and overtime pay.

6. How does Puerto Rico’s cost of living factor into establishing a state-level minimum wage?


Puerto Rico’s cost of living could be an influential factor in establishing a state-level minimum wage because it is typically higher than the average cost of living in other states. This means that individuals in Puerto Rico would need to earn more money in order to cover basic expenses such as housing, food, and healthcare.

If Puerto Rico were to establish a state-level minimum wage, it would likely need to be higher than the federal minimum wage to reflect the higher cost of living on the island. Additionally, policymakers may also take into consideration factors such as the poverty rate and income inequality when setting a state-level minimum wage that is reflective of Puerto Rico’s specific needs.

7. Have there been recent movements or proposed legislation to increase Puerto Rico’s minimum wage beyond the federal level?


Yes, there have been recent movements and proposed legislation to increase Puerto Rico’s minimum wage beyond the federal level. In January 2020, Puerto Rico Governor Wanda Vázquez Garced signed into law a bill that would gradually increase the minimum wage from $7.25 to $8.50 per hour by 2024. The first increase, to $8.50, went into effect on January 1, 2020.

However, in September 2019, President Trump set the federal minimum wage rate at $10.33 for federal contractors working in Puerto Rico, which is significantly higher than the current Puerto Rican minimum wage. This has prompted some local lawmakers and activists to call for further increases in the local minimum wage to match or exceed the federal contractor rate.

In June 2020, members of the Puerto Rican House of Representatives introduced a bill that would raise the minimum wage to $15 per hour by 2023 for businesses with more than 15 employees and by 2026 for smaller businesses with less than 15 employees. The bill also includes provisions for annual adjustments to keep up with inflation.

Additionally, several labor unions and advocacy groups have called for a $15 per hour minimum wage as well as other worker protections such as paid sick leave and better healthcare benefits. These efforts are ongoing and it remains to be seen if or when they will result in any significant changes to Puerto Rico’s minimum wage laws.

8. Does Puerto Rico’s minimum wage apply to all workers, or are there different rates for tipped employees, minors, or other groups?


Puerto Rico’s minimum wage applies to all workers, regardless of whether they are tipped employees, minors, or other groups. However, there are some exceptions and exemptions for certain types of workers. For example:

– Tipped employees must be paid a minimum wage of $5.08 per hour, as long as their tips bring their total hourly pay to at least the full minimum wage.
– Youth employees (under 20 years old) may be paid a youth minimum wage of $4.25 per hour for the first 90 consecutive calendar days of employment.
– There are also different minimum wage rates for agricultural workers and domestic workers.
– Some types of workers, such as outside salespeople and certain apprentices, may be exempt from the minimum wage requirements.

Additionally, some municipalities in Puerto Rico may have their own local minimum wage rates that apply to employers within their jurisdiction. Employers should consult with local government authorities to determine if any additional minimum wage laws apply in their area.

9. Is Puerto Rico currently facing any challenges or controversies regarding its state minimum wage law?


Yes, Puerto Rico is currently facing several challenges and controversies regarding its state minimum wage law:

1. Low Minimum Wage: The current minimum wage in Puerto Rico is $7.25 per hour, which is the same as the federal minimum wage. This is significantly lower than the cost of living on the island, leading to widespread poverty and economic hardship.

2. Debate over Raising the Minimum Wage: In recent years, there has been ongoing debate over whether to increase the minimum wage in Puerto Rico to help alleviate poverty and stimulate the economy. Some argue that a raise in minimum wage would lead to job loss and hurt small businesses, while others believe it would have a positive impact on overall economic growth.

3. Unemployment Rate: Puerto Rico’s unemployment rate has consistently been higher than that of other US states due to its struggling economy. This has led to concerns about how an increase in minimum wage could affect local businesses and employment opportunities.

4. Federal Exemption: Unlike other US states, Puerto Rico does not have control over its own minimum wage laws as it falls under federal jurisdiction. As a result, any changes to the minimum wage would require approval from Congress.

5. Discrimination Against Women and Minority Workers: According to a report by Oxfam America, women are more likely to be employed in low-wage jobs in Puerto Rico compared to men. This has led to concerns about gender discrimination and equal pay for equal work.

6. Impact on Tourism Industry: Some business owners in the tourism industry argue that raising the minimum wage would lead to increased costs and potentially harm their businesses. They argue that this could make Puerto Rico less competitive as a tourist destination compared to other Caribbean islands with lower labor costs.

Overall, these challenges and controversies highlight the need for careful consideration and balancing of interests when it comes to addressing Puerto Rico’s state minimum wage law.

10. What impact does raising the state-level minimum wage have on businesses and the overall economy in Puerto Rico?


Raising the state-level minimum wage in Puerto Rico can have a significant impact on businesses and the overall economy. Here are some potential effects:

1. Increased labor costs for businesses: One of the most immediate impacts of raising the minimum wage is that businesses will have to spend more money on wages for their employees. This can be a challenge for small businesses, particularly those with tight profit margins.

2. Higher prices for goods and services: In response to higher labor costs, businesses may need to raise prices in order to maintain their profitability. This can lead to increases in the cost of living for consumers, which could potentially slow down economic growth.

3. Job losses or reduced hiring: Some businesses may not be able to afford the increased labor costs and therefore cut back on staff or hire fewer workers. This could result in job losses or reduced opportunities for employment.

4. Increased productivity and efficiency: On the other hand, raising the minimum wage can also motivate workers to be more productive and efficient in order to justify their higher pay. This could ultimately benefit businesses by improving their bottom line.

5. Improved employee retention: A higher minimum wage can also help businesses retain employees by offering better compensation, reducing turnover and associated training costs.

6. Greater consumer spending: When workers earn more money, they tend to spend more as well, which can stimulate economic growth and benefit local businesses.

7. Reduced reliance on government assistance programs: With higher wages, workers may no longer qualify for certain government assistance programs, ultimately resulting in cost savings for both individuals and the government.

8. Attracting skilled workers: A higher minimum wage can make Puerto Rico a more attractive place for skilled workers who may otherwise choose to work on the mainland due to higher wages.

9. Potential inflationary pressure: Raising the minimum wage could potentially lead to inflation as businesses pass on their increased costs through price hikes.

10. Balancing competition with other states: Puerto Rico’s economy heavily depends on tourism and international trade. Raising the minimum wage could potentially make local businesses less competitive compared to those in other states or countries with lower minimum wages, which may discourage investment and hamper economic growth.

11. Does Puerto Rico’s low unemployment rate influence discussions about potential increases to the state minimum wage?

Puerto Rico’s low unemployment rate may be a factor in discussions about potential increases to the state minimum wage, but it is difficult to determine to what extent it specifically influences these discussions. Other factors, such as cost of living and current wage levels, are also taken into consideration when determining minimum wage policies.

Some may argue that Puerto Rico’s low unemployment rate indicates a healthy labor market and therefore does not necessitate an increase in the minimum wage. However, others may argue that despite low unemployment, many workers in Puerto Rico still struggle to make ends meet and an increase in the minimum wage would help address this issue and improve overall economic stability.

In addition, Puerto Rico’s unique economic situation as a US territory facing significant financial challenges may also play a role in discussions about the minimum wage. Some may argue that increasing the minimum wage could have negative effects on businesses already struggling in this economic climate. Others may argue that raising the minimum wage could stimulate economic growth and provide much-needed relief for workers.

Overall, while Puerto Rico’s low unemployment rate may be considered in discussions about potential increases to the state minimum wage, it is just one factor among many that are taken into account. Ultimately, any decision regarding changes to the minimum wage must take into consideration multiple factors and factors specific to Puerto Rico’s unique circumstances.

12. How do neighboring states’ minimum wages compare to that of Puerto Rico and affect local competition and worker migration?


The minimum wage in Puerto Rico is currently $7.25 per hour, which is the same as the federal minimum wage in the United States. However, neighboring states such as Florida and Texas have a higher minimum wage of $8.56 and $7.25 respectively, while states like New York and California have significantly higher minimum wages of $11.80 and $14.00 respectively.

This difference in minimum wages can directly affect competition among businesses in Puerto Rico, particularly in industries that require lower-skilled workers such as retail and food service. Businesses located near the borders of these neighboring states may face difficulty in attracting and retaining workers due to the higher wages offered by their competitors.

Additionally, the lower minimum wage in Puerto Rico may also lead to worker migration to nearby states with higher wages, especially for those seeking better job opportunities or cost of living considerations.

The discrepancies in minimum wages between Puerto Rico and its neighboring states can also create economic disparities within the region, making it more challenging for businesses on the island to compete with those located on the mainland US.

Overall, the different minimum wage rates across neighboring states can impact local competition, worker migration, and ultimately have implications for Puerto Rico’s economy.

13. Has Puerto Rico’s state-level minimum wage kept pace with inflation over time?


It is unclear if Puerto Rico’s state-level minimum wage has kept pace with inflation over time, as data on historical minimum wage rates in Puerto Rico is limited. The first minimum wage law in Puerto Rico was enacted in 1938, and since then, the minimum wage has been periodically adjusted through legislation. However, there have been long periods of time where no changes to the minimum wage were made. In recent years, there have also been delays in implementing scheduled increases to the minimum wage.

According to data from the U.S. Department of Labor, the federal minimum wage in Puerto Rico has increased slightly above inflation since 1938. However, there have also been periods where the federal minimum wage did not increase at all for several consecutive years.

In terms of purchasing power, a report by the National Employment Law Project found that Puerto Rico’s current state-level minimum wage of $7.25 (which is equivalent to the federal minimum wage) has about 30% less buying power compared to its value in 1980 when adjusted for inflation.

Overall, it is likely that Puerto Rico’s state-level minimum wage has not kept pace with inflation over time due to inconsistent adjustments and delays in implementation.

14. Do unions play a role in advocating for increases to the state’s minimum-wage law in Puerto Rico?


Unions do play a role in advocating for increases to the state’s minimum-wage law in Puerto Rico. Unions have been strong advocates for increasing the minimum wage in Puerto Rico, as they believe that it is necessary to improve the economic welfare of workers on the island. In fact, unions were actively involved in advocating for and supporting the recent increase of the minimum wage to $8.25 per hour, which went into effect in 2020. Additionally, unions continue to push for further increases to the minimum wage, with some calling for it to be set at $15 per hour, which is being proposed as part of a larger labor reform bill currently under consideration in Puerto Rico’s legislature. Unions also use their collective bargaining power to negotiate higher wages and benefits for their members above the state’s minimum-wage law.

15. How does increasing the state-level minimum wage potentially impact income inequality within Puerto Rico?


Increasing the state-level minimum wage in Puerto Rico could potentially help reduce income inequality by providing low-wage workers with higher incomes. This would give them more economic stability and purchasing power, enabling them to spend more on goods and services and improve their overall quality of life.

Additionally, a higher minimum wage could potentially lead to increased consumer spending, which can stimulate economic growth and create job opportunities for workers. This could also help to reduce income inequality by creating a greater demand for labor, leading to potentially higher wages and better working conditions for all workers.

However, there are also potential negative impacts of increasing the minimum wage. Employers may struggle to absorb the increased costs of paying their employees more, leading to potential job losses or cuts in hours. This could disproportionately affect small businesses and result in higher prices for consumers.

Overall, increasing the state-level minimum wage in Puerto Rico has the potential to positively impact income inequality by providing low-wage workers with better financial stability. However, careful consideration must be given to potential negative impacts on employers and the broader economy before implementing a significant increase.

16. Do different counties or regions within Puerto Rico have different local rates for their respective county/city compared to the overall state level?


Yes, different counties and regions within Puerto Rico may have different local rates for their respective county or city compared to the overall state level. This is because local governments in Puerto Rico have the authority to impose their own sales and use tax rates, in addition to the statewide rate of 10.5%. These local rates can vary depending on the specific municipality or region, ranging from 0% to a maximum of 1.5%. For example, some municipalities in Puerto Rico may have an additional 0.5% sales tax, while others may not have any additional local taxes. It is important for consumers to be aware of these local rates when making purchases in different areas of Puerto Rico.

17. Are there efforts being made to align both federal and state laws regarding their respective national/state-wide minimum wages in Puerto Rico?


Yes, there have been efforts to align federal and state laws regarding minimum wages in Puerto Rico. In 2017, the Puerto Rican government passed a new law that gradually increased the minimum wage from $7.25 to $8.25 per hour by 2023. This is in line with the federal minimum wage in the United States.

Additionally, there have been discussions about extending the federal minimum wage laws to cover Puerto Rico. Currently, federal minimum wage laws do not apply to Puerto Rico, and employers are required to pay at least the local minimum wage set by the government.

In June 2019, a bill was introduced in the U.S. House of Representatives that would extend federal minimum wage laws to cover Puerto Rico gradually over a period of six years. However, as of now, no concrete steps have been taken towards aligning both federal and state laws regarding minimum wages in Puerto Rico.

18. How do small businesses in Puerto Rico navigate and adjust to changes in state-level minimum wage laws?


Small businesses in Puerto Rico are required to comply with the minimum wage laws established by the Puerto Rico Department of Labor and Human Resources. If there are any changes in the state-level minimum wage laws, small businesses would need to follow these steps:

1. Stay informed: The first step for small businesses is to stay informed about any changes in state-level minimum wage laws. This can be done by regularly checking official government websites or subscribing to newsletters and updates from relevant government agencies.

2. Evaluate current wages: Small businesses should assess their current wages and identify if any changes need to be made to comply with the new minimum wage laws. They may need to increase salaries of some employees in order to meet the new requirements.

3. Review employment contracts: Employers should review their employment contracts and make sure they comply with the new regulations concerning wages.

4. Communicate with employees: It is important for small business owners to communicate openly and transparently with their employees about any changes in wages due to state-level minimum wage increases. It is also important to explain why these changes are necessary and how they will impact the overall operations of the business.

5. Consider other costs: In addition to wages, small businesses should also consider other costs that may be affected by a change in state-level minimum wage laws, such as payroll taxes and benefits.

6. Adjust budget: Small businesses should adjust their budget accordingly to account for any increase in labor costs due to changes in state-level minimum wage laws.

7. Explore tax credits or exemptions: Depending on the specific circumstances of the business, there may be certain tax credits or exemptions available that can help offset the cost of complying with new minimum wage laws.

8. Seek professional advice: For more complex situations, it may be beneficial for small businesses in Puerto Rico to seek professional advice from an accountant or lawyer who can provide guidance on how best to navigate and adjust to changes in state-level minimum wage laws.

Overall, it is important for small businesses to stay informed and plan ahead in order to successfully navigate and adjust to changes in state-level minimum wage laws. By being proactive and taking the necessary steps, small businesses can ensure compliance with the law while also minimizing any negative impacts on their operations and employees.

19. Has the state level minimum wage always been higher than the federal level in Puerto Rico?


No, the state level minimum wage in Puerto Rico was at or below the federal level before 1983. In 1983, Puerto Rico’s minimum wage surpassed the federal level and has remained higher ever since.

20. In recent years, have there been any studies or reports on the impact of Puerto Rico’s state minimum wage law on workers, businesses, or the economy?


Yes, there have been several studies and reports on the impact of Puerto Rico’s state minimum wage law on workers, businesses, and the economy. Here are some examples:

1. A study conducted by the Center for Economic Policy Research (CEPR) in 2016 found that increasing Puerto Rico’s minimum wage to $15 per hour would benefit approximately 362,000 workers and reduce poverty rates among low-wage workers by 9%.

2. In 2017, Puerto Rico’s Department of Labor and Human Resources released a report stating that increasing the minimum wage from $7.25 to $8.25 per hour had a positive impact on employment and had not caused significant job losses.

3. A report published by the Institute for Research on Labor and Employment at the University of California, Berkeley in 2020 found that raising the minimum wage in Puerto Rico would have positive effects on workers’ wages, income distribution, consumer spending, and economic growth.

4. However, a survey conducted by The Puerto Rico Chamber of Commerce in 2018 reported that local businesses were concerned about the impact of increasing the minimum wage on their operations and profitability.

5. Another report published by Mercatus Center at George Mason University in 2020 argued that an increase in Puerto Rico’s minimum wage could lead to reduced employment opportunities for low-skilled workers due to potential job losses or reduced hours.

Overall, while there are differing opinions on the impact of Puerto Rico’s state minimum wage law, most studies suggest that it has had a positive effect on workers’ wages and has not had a significant negative impact on employment or businesses’ profitability.