10 minute read
back To The fuTure wiTh The labor reform
Manuel Quilichini,
Lawyer
Labor Reform: “Back to the future” all over again
Our legislature is on the verge of approving a new labor reform bill that has employers fearing yet another round of labor cost increases; while employees hope they will finally receive what they consider is fair treatment by their employers. Although the bill in its current form is employee oriented, employers should not fear a negative impact in their operations. You see, the current bill is like going back to the future, all over again. Back in 2017, Governor Ricardo Rosselló’s administration passed the Labor Flexibility and
Transformation Act (“Ley de Transformación y
Flexibilidad Laboral”), which wiped away many of the long-standing protections and benefits granted by laws enacted decades before. The changes were drastic and, although welcomed by some employers, it definitively went a step too far, thus sowing the seeds for the new labor reform. In its original form, the pendulum of benefits swung back to employee benefits, but in some areas, it went too far. Through its many twists and turns as it navigates the political waters, the bill has been substantially amended from its original form, thus making it more palatable to employers and employees alike. If approved (as expected), the new labor reform would substantially bring back rights and benefits jettisoned by the 2017 “Reforma,” while keeping some dispositions deemed appropriate. One of the main changes attends to the accrued sick and vacation leave, which had been drastically reduced in the previous Rosselló’s reform. Now, employees would once again accrue 1.25 days of leave per month, for a total of 15 days for each leave.
Employees who work less than 115 hours per month will still accrue half a day per month for a total of six days per year. This reduced benefit will impact part-time employees, who usually accrued nothing because they did not work the 115-hour minimum. To protect small businesses with 15 employees or less, the paid vacation leave would be half a day per month and sick leave would be one day per month. Another major change relates to the compensation for illegal or “unjust” termination.
The previous “Reforma” had drastically reduced this compensation by capping the maximum amount allowable, thus making terminations without just cause easier and less risky to employers. The current bill brings back the old scheme and limits, establishing that compensation for an illegal or unjust termination may entail a compensation based on years of employment.
There is a fixed compensation that may run from 2 to 6-month salary, and a progressive compensation based on years of service, which may go from one week of salary for each year of service, up to three weeks for each year of service. Most of the language and conditions existing before the 2017 reform regarding the definition of what constitutes an unlawful termination are kept. The current bill also eliminates the excessively long probationary period for new employees and reinstates the 3-month period, which can be extended for an additional 3-month term under specific circumstances. Thankfully, the five-year statute of limitations for possible labor claims, one of the most
troublesome dispositions of the current labor law, is being repealed. If turned into law, the current bill would reinstate the three-year statute of limitations for an employee to file a lawsuit seeking compensation for his termination. Allowing an unusually long term for former employees to initiate legal action would place employers at a greater risk of loosing in litigation because evidence and witnesses could be lost. Regarding lawsuits, the new reform bill clearly establishes that an employer must prove termination of employment was due to a just cause. Critics of the current legislation consider that the burden of proving an employee had been unjustly terminated had been unreasonably shifted to the employee himself. An innovation included in the 2017 “Reforma” was the 4-day workweek. The disposition allows for a 10-hour workday, prior to an agreement between employer and employee, which translates into a four-day workweek. The still pending bill has many other changes, most of them subtle but necessary to bring back balance to the employer-employee relationship, that was lost in Rosselló’s heavy-handed “Reforma”. In times of economic and social turmoil, such a balanced legislation will bring calm to the rough labor waters and promote the more efficient and respectful work environment necessary for businesses to flourish.
In fact,
A group of 17,000 cryptocurrency enthusiasts from around the world crowdfunded to try to buy the copy of the Constitution.
Ella Hall, a specialist in Books and Manuscripts, at Sotheby’s, in New York, places a 1787 printed copy of the U.S. Constitution in its display case. It sold for $43.2 million, a record price for a document or book sold at auction. >AP Photo/Richard Drew
Rare first printing of U.S. Constitution sells for record $43M
The document is one of 13 known copies
Karen Matthews, The Associated Press
Arare first printing of the U.S. Constitution sold at Sotheby’s in New York for $43.2 million, a record price for a document or book sold at auction. The buyer, hedge fund manager Kenneth Griffin, will loan the document to the Crystal Bridges Museum of American Art in Bentonville, Arkansas, for public exhibition, Sotheby’s announced Friday. Griffin, the founder and CEO of multinational hedge fund Citadel, outbid a group of 17,000 cryptocurrency enthusiasts from around the world who crowdfunded to buy it over the last week. “The U.S. Constitution is a sacred document that enshrines the rights of every American and all those who aspire to be,” Griffin said in a statement. “That is why I intend to ensure that this copy of our Constitution will be available for all Americans and visitors to view and appreciate in our museums and other public spaces.” Crystal Bridges board chairperson Olivia Walton said, “We are honored to exhibit one of the most important documents in our nation’s history from our location in the heartland of America.” The museum opened in 2011 and was founded by Alice Walton, the daughter of Walmart founder Sam Walton.
Proceeds From the Sale Will Go To Charity
The document that Griffin purchased at Thursday night’s auction was one of 13 known copies of the first printing of the Constitution, and one of only two in private hands. This printing of the Constitution was last sold in 1988, when real estate developer and collector S. Howard Goldman bought it at auction for $165,000. Proceeds from Thursday’s sale will benefit a foundation established by Goldman’s widow,
Dorothy Tapper Goldman, to further the understanding of constitutional principles. “Tonight’s sale of this exceptionally rare and important printing of the Constitution was a monumental and historic occasion,”
Selby Kiffer, Sotheby’s senior international specialist for books and manuscripts, said in a statement. Kiffer said the auction result reflects how relevant the Constitution remains, “not only in
America but for global democracy.” The underbidder was ConstitutionDAO, which announced its plan to raise millions of dollars to buy the Constitution on Twitter on Nov. 12.
DAO stands for decentralized autonomous organization, a type of community-run business that operates on the blockchain. ConstitutionDAO tweeted Thursday night, “We showed the world what crypto and web3 [can do], onboarding thousands of people in the process, including museum curators and art directors who are now excited to keep learning.” The group added, “We were the first DAO Sotheby’s has ever worked with, but we’re sure we won’t be the last one.” The previous auction record for a book or manuscript was set in 1994 when Bill Gates purchased the Codex Leicester by Leonardo da Vinci at Christie’s for $30.8 million.
– Kenneth Griffin, founder and CEO of Citadel
New hotel in New York City celebrates Broadway
Mark Kennedy, The Associated Press
Visitors to the latest chic hotel opening in New York’s theater district can easily walk to any Broadway show — or they can stay inside and celebrate them.
The Civilian — a 203-room hotel with bars, lounges and a bistro — is packed with hundreds of pieces of Broadway art, including sketches, set models, costume pieces, photographs and artifacts that show theater past and present.
“I think people don’t realize that this neighborhood is just like a walking history of so much,” said award-winning architect and theater designer David Rockwell during a tour of the hotel he helped craft. “So I think it deserves to have a place that’s dedicated to that.”
A Taste Of Broadway
The 27-story building — at 305 W. 48th Street, between 8th and 9th avenues — is owned by Sixty Collective, from hotelier Jason Pomeranc, who says the goal is to immerse visitors in a theatrical experience.
Nearly every inch of the Civilian has been designed with a theatrical flourish, from the marquee-inspired lighting, dramatic curtains and stage-like elements to the raw industrial materials of backstage life.
On display are set models of shows — like “Hadestown” designed by Rachel Hauck and “Slave Play” by Clint Ramos — and sketches from “Chicago” designed by William Ivy Long. The hotel plans to cycle new items in every year or so.
Wallcoverings throughout the guestroom floors and elevators are taken from abstracted details from costume designs by Isabel and Ruben Toledo (“After Midnight”) and William Ivey Long (“Beetlejuice” and “Hairspray”). Creators hope this is a chance for the talent offstage to shine.
There’s also a private library finished in royal blue hues and marquee lightbulbs where visitors can find replica guns and a crown from “Hamilton,” the original set model for “Company” as well as red boots from “Kinky Boots” and a pink shrug from “Cabaret.” “This really feels like a dressing room,” says Rockwell.
Upstairs, the guest rooms — a two-person Cozy or a 4-person Spacious — have one of two color schemes — deep blue or wine-maroon — handpainted details, four-poster beds, upholstered benches and framed costume and set sketches. High design meets homey. “Even though the rooms are more petite than what we’ve done in the past, I don’t believe that the guest should have to sacrifice anything on a visual or textual experience, whether it’s the rich velvets from the fabrics or the tile in the bathroom or the quality of sheets and linens and pillows,” says Pomeranc. “The quality level should not diminish because of the room size.” Visitors enter through a lobby that feels like a stage door and into a vestibule with an abstract interpretation of marquee lighting imbedded into the ceiling. A bank of theater seats
The hotel is packed with theater memorabilia. >AP Photo/Richard Drew
In fact,
The Civilian is a 203-room hotel with bars, lounges and a bistro, located at 305 W. 48th Street, in New York City.
Jason Pomeranc, hotelier
rescued from an upstate theater sit along a brick wall and visitors climb a set of metal spiral stairs past a curtain to the second-floor bar, lounge and library.
“Does it feel like you’re stepping into kind of the fly loft you always wanted to get in?” asks Rockwell and, to be sure, there’s a strong “The Phantom of the Opera” feel.
There are photos throughout, starting in the lobby with black-and-white photos by Little Fang, the husband-and-wife team known for their opening-night portraits. Each floor will have framed art in the hallways clustered around a theme. The fourth floor, for example, is dedicated to rehearsal shots, with photos of Michael Bennett at “Dreamgirls” and the cast of “Miss Saigon.” Pomeranc hopes to create a series of different types of public space experiences, from turning the lounge from a place where people can work and communicate during the day to a music-filled space in the evening to relax. “It really speaks to the journey of the guest that’s looking for an authentically New York experience,” he said.
