Overtime and Break Laws in Puerto Rico (2026)
Ley 379 de 1948, Ley para Establecer la Jornada de Trabajo (as amended by Ley 4-2017, Ley de Transformación y Flexibilidad Laboral); federal FLSA also applies · Reviewed 2026-10 · Private-sector employees
Overtime
1.5x for hours past 8 in a day or past 40 in the week, under local law on top of the FLSA.
Breaks and lunch
A 1-hour unpaid meal period before the 6th consecutive hour, skippable if the day is 6 hours or less. A second meal after 10 hours, skippable if the day is 12 hours or less.
Overtime in Puerto Rico
- 1.5x pay for hours past 8 in a day.
- 1.5x pay for hours past 40 in a week.
- Ley 4-2017 (26 Jan 2017) cut the local rate from double time to 1.5x. Employees hired before then who were entitled to higher pay (double time) keep it.
- Daily overtime covers every employee under Ley 379. Excluded are managers, executives and professionals, outside sales, FLSA-exempt jobs, government staff, and employees under a union contract (unless the contract adopts the law; FLSA still applies).
- The employer may notify an alternate 24-hour cycle in writing 5 days ahead, with at least 8 hours between shifts.
- A written alternate weekly schedule allows up to 10 hours a day within 40 a week; hours past 10 a day are overtime.
- Hours on the legal weekly rest day, and hours when a business must legally be closed (except Sundays), are also overtime.
- Ley 41-2022, which tried to restore pre-2017 rights, was annulled by the federal Title III court on 3 Mar 2023.
Averaging over a pay period: Not allowed (written alternate weekly schedule up to 10 hours a day, 40 a week)
What two weeks of work come to
Worked out by the rule above (1.5x after 40h in a week, 1.5x after 8h in a day). Hours.
| Two weeks of | Regular | Overtime (1.5x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 80 | 20 |
| 6 days of 9 hours, two weeks (108h) | 80 | 28 |
| 50 hours, then 30 hours (80h) | 70 | 10 |
Breaks and lunch in Puerto Rico
- Meal break: 1 × 60 minutes, unpaid, for shifts of 6 hours or more.
- Meal break: 2 × 60 minutes, unpaid, for shifts of 12 hours or more.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | None |
| 6 hours | None | 1 × 60 min, unpaid |
| 8 hours | None | 1 × 60 min, unpaid |
| 10 hours | None | 1 × 60 min, unpaid |
| 12 hours | None | 2 × 60 min, unpaid |
- The meal must start after the 2nd and before the 6th consecutive hour of work.
- Can be cut to 30 minutes by written agreement (20 minutes for croupiers, nurses and security guards).
- Working through the meal period is paid at 1.5x (higher for pre-2017 hires who had it).
Pay by Puerto Rico rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Puerto Rico: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in Puerto Rico?
1.5x for hours past 8 in a day or past 40 in the week, under local law on top of the FLSA.
Can overtime be averaged over two weeks or a pay period in Puerto Rico?
Not allowed (written alternate weekly schedule up to 10 hours a day, 40 a week)
What breaks are required in Puerto Rico?
A 1-hour unpaid meal period before the 6th consecutive hour, skippable if the day is 6 hours or less. A second meal after 10 hours, skippable if the day is 12 hours or less.