Sierra Berdecia v. Long Construction Co.
Sierra Berdecia v. Long Construction Co.
Opinion of the Court
delivered the opinion of the Court.
On December 29, 1951 the Commissioner of Labor of Puerto Rico, in representation and on behalf of Edwin Y. Goss, filed a complaint against the Long Construction Company in the former District Court of Puerto Rico, San Juan
Notice of the above complaint having been served on respondent, and in harmony with an agreement reached at a pre-trial conference, the parties filed a lengthy stipulation whereby, after agreeing on certain facts bearing on the labor contract, the work performed by Goss, the periods during which such work was performed, the wages accrued, etc., they expressly stated that “this is a stipulation of facts submitted to the Hon. Court for decision as to whether complainant was an ‘executive’ within the meaning of the law, and, if the question be decided in the affirmative, the court shall then decide whether or not the complainant, as executive, is entitled under the law to claim wages for extra hours during the period covered by the complaint. If the court decides either that complainant Goss was not an ‘executive,’ or that, even if he is an ‘executive,’ he is entitled to wages for extra hours worked, the Honorable Court shall then set this case for hearing and for the introduction of pertinent evidence on the issue of fact bearing on the extra hours claimed and of the defenses alleged by respondent, with the exception of the defense that said complainant was an ‘executive’ not entitled to claim such extra hours.”
The above question having been submitted to the lower court, it issued a well-founded order in which, after stating
Respondent appealed and now contends that the lower court erred “(1) in concluding that the definition of ‘employee,’ as contained in the Minimum Wage Act (No. 8 of 1941), as amended by Act No. 217 of 1945, precludes the exemption of administrators, executives and professionals from the minimum wage and maximum hours provisions of the Act; (2) in concluding that the services performed by Goss while in appellant’s employ placed him within the category of employees subject to the provisions of Mandatory Decree No. 11 of the Minimum Wage Board; (3) in failing to pass upon the preliminary point of law raised as to whether or not Goss was an executive employee within the meaning of Act No. 379 of 1948; and (4) in its findings of fact in stating that the services of Goss were utilized by appellant in the category of a mechanic.”
Respondent’s contention is that it was never the intention of the drafters of this Mandatory Decree to include within the scope of its protection the very same group of
We now turn to the issues raised: Act No. 8 of April 5, 1941 (Sess. Laws, p. 302), “To Create a Minimum Wage Board,” etc., as amended by Act No. 217 of May 11, 1945 (Sess. Laws, p. 680), provides in § 30 that the word “ ‘Employer’ includes every natural or artificial person of any kind, whether or not for profit, who employs any number of workmen, laborers, or employees or allows them to work, for any kind of remuneration; and includes the chief, functionary, manager, official, promoter, administrator, superintendent, foreman, .overseer, agent or representative of said natural or artificial person,” and that “ ‘Workman,’ ‘employee,’ or ‘laborer’ includes any natural person who exercises, discharges, or performs any art, trade, employment, or work, under the orders or for the benefit of another, or on the basis of a contract of lease of services, or through remuneration of any kind or an express or tacit promise to receive it, in any industry, business or occupation.”
“We reject once more the contention that a definition in a statute as in Act No. 8, as amended by No. 217 of 1945, which defines ‘employer’ as including an administrator, means that the Legislature intended to exclude the latter from coverage under the statute with regard to his own salary. We again point out that the purpose of such a provision is to make the employer responsible for the conduct of the administrator in connection with the latter’s subordinates and not to deprive the administrator personally of the benefits of the statute. Only if another provision expressly excludes executives from such a statute does it have that effect. . . .” (Italics ours.)
Mandatory Decree No. 11 of the Minimum Wage Board, “Fixing Minimum Wages, Maximum Hours of Work and Labor Conditions for the Employees of the Construction Industry,” which has been in force since July 1, 1946, provides in § 1 (6) that “Employer and employee or worker have the meaning given in the Minimum Wage Act, although limited to the construction industry.” We already know the meaning of those words from the definition given in the Minimum Wage Act. We have also seen that, notwithstanding the definition of the word employer, the Minimum Wage Act in force at the time the services herein involved were
Although Act No. 379 of May 15, 1948 (Sess. Laws, p. 1254), “To Establish the Working Day in Puerto Rico, to Provide for the Payment of Double Time for Hours Worked in Excess of the Legal Working Day, to Fix Periods of Rest,” etc., provides in § 19 that “the word ‘employee’ shall not include executives, administrators or professionals,” and although that Act took effect on May 15, 1948, that is, during the time the services involved in the instant case were rendered, it does not affect the conclusion reached by the lower court that, for the purposes of the case, it was unnecessary to determine whether or not Goss was an executive. This is so because, by virtue of § 22 of Act No. 379 of 1948, Act No. 8 of 1941, as amended, and the mandatory decrees promulgated by the Minimum Wage Board created by that act remained in full' force. Caguas Bus Line v. Comm’r of Labor, 73 P.R.R. 690, 697. Therefore, since Mandatory Decree No. 11 was in full force and effect at the time of the enactment of Act No. 379, supra, that Decree remained entirely in full force by express provision of § 22 of Act No. 379 of 1948. Mandatory Decree No. 11, as has been seen, provided that the words “employer” and “employee” or “worker” shall have the meaning given in the
The judgment appealed from will be affirmed.
The brief in this ease was drafted in English, so we have copied the assignments of errors verbatim.
Section 30 of Act No. 8 of 1941 was amended by Act No. 439 of May 15, 1951 (Sess. Laws, p. 1268). That section, as amended, defines the words employer, workman, employee or laborer in the same manner as did the Act of 1945, but adds that “ ‘workman,’ ‘employee’ or ‘laborer’ shall not include, however, professionals, executives or administrators.” However, since the claim involved in this case comprises services rendered from November 25, 1947 to October 17, 1949, that is, prior to the operation of the 1951 amendment, this amendment has no bearing whatever on the case ar bar.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.