Every employer who employs or permits an employee to work during extra hours, shall be bound to pay him for each extra hour a wage rate equal to double the rate agreed upon for regular hours; Provided, however, That every employer in any industry in Puerto Rico covered by the provisions of the Fair Labor Standards Act approved by the Congress of the United States of America on June 25, 1938, as heretofore or hereafter amended, shall be under obligation to pay only for each extra hour of work in excess of the legal eight (8) hour working day a wage at a rate of not less than time and a half the rate of wage agreed upon for regular hours, save when by a decree of the Minimum Wage Board or by a collective bargaining agreement or both, other working and/or compensation standard has been fixed. To determine the wage rate agreed upon for regular working hours the daily, weekly, or monthly wages, or wages otherwise stipulated, shall be divided by the number of regular hours worked during that same period in accordance with the provisions of §§ 271—288 of this title.
History —May 15, 1948, No. 379, p. 1254, § 5; July 23, 1974, No. 223, Part 2, p. 161, § 4; renumbered as § 6 on July 20, 1995, No. 83, § 5.