The Weekly Journal - January 7, 2021 - January 12, 2021

Thursday, January 7-12, 2021 - // no. 089

Puerto Rico and the Caribbean

www.theweeklyjournal.com

Banking Sector Unveils its ‘Wish List’ P6 Lawyers Feeling the COVID-19 Blues P9 Act 20/22 Society Giving Back P10

Small Businesses

Still Facing Challenging Panorama In waiting mode for the next round of federal stimulus funds

D Giovanna Garofalo

Show-Stealing, All-New Infiniti QX55 Debuts P15

ggarofalo@wjournalpr.com

@giopgarofalo

espite generally positive economic expectations for 2021, thanks to the distribution of COVID-19 vaccines and the latest round of federal stimulus funds, the reality for small and midsize enterprises (SMEs) in Puerto Rico continues to be one of uncertainty and a lack of financial stability.

The federal government approved in recent days the new $900 billion stimulus package to mitigate the economic impact of COVID-19, albeit with fewer

resources. While the island’s new administration affirmed that it is ready to disburse the incentives, whose figure remains undisclosed for Puerto Rico, both SMEs and self-employed workers are concerned about the local government’s capability to disburse the second round of funds.

Daniel Rosa, president of the Puerto Rico Artisans Federation, told THE WEEKLY JOURNAL that only 45 percent of workers in this sector were able to receive the Pandemic Unemployment Assistance (PUA) payments of $600 a week, while the rest were denied this benefit. He also alleged GO TO PAGE 4

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a week in review Pierluisi Sworn in as Puerto Rico’s New Governor Pedro Pierluisi vowed to achieve statehood for Puerto Rico and fight against poverty, corruption and COVID-19 after he was sworn in as the island’s new governor.

Pierluisi, a Democrat who previously served as Puerto Rico’s representative in Congress for eight years, also promised to prioritize education, lift the government out of bankruptcy and alleviate a deep economic crisis as leader of the prostatehood New Progressive Party.

Simon Property Group Completes Acquisition of Taubman Centers Simon Property Group Inc. announced that it has completed its $3.4 billion acquisition of an 80 percent ownership interest in The Taubman Realty Group, which owns The Mall of San Juan in Puerto Rico.

Meanwhile, Simon Property Group is the owner of the Plaza Carolina shopping center and the Puerto Rico Premium Outlets in Barceloneta.

Pictured is The Mall of San Juan.

DDEC Opens Single Service Center in Hato Rey To help local entrepreneurs navigate the various permits and processes required by the Puerto Rico government, the Department of Economic Development and Commerce has opened the Single Service Center at the Fomento building in Hato Rey. The center will house staff from the Office of Permits Management, Business Development, Tax Incentives and Real Estate, as well as Accounting, among others.

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CONTINUED FROM PAGE 1 that this sector received “unfair treatment” by local government agencies and other financial institutions when applying for PUA and other benefits for workers and businesses.

“We believe that [the government] did not manage the funds well because there wasn’t equality… and many of those funds were lost,” he claimed, adding that multiple peers were forced to seek other jobs to make ends meet or close their workshops, while others moved to the U.S. mainland in search of better financial opportunities Along that line, Francisco Santana — president of the SMEs Association (AsoPYMES by its Spanish acronym)— criticized the local agencies’ alleged lack of communication. According to Santana, “there is no way to access the PUA,” in the sense that he deems the process to contact the Labor Department as difficult. “They don’t answer their phones, they don’t reply to emails… The smallbusiness owner has no way to communicate with them. You don’t have a way to make your claims,” said Santana, a self-employed worker, who explained that he has firsthand experience on this regard after unsuccessfully applying for the PUA. Likewise, he denounced that a significant number of SMEs could not apply for the Paycheck Protection Program (PPP) managed by the Small Business Administration (SBA). Santana said small businesses of one to five employees — which he said make up 56 percent of the business sector in Puerto Rico — faced more challenges than larger companies.

Government officials have denied the charges, stating that applications have been processes as efficiently as possible, for those who qualify. In

Many artisans sell their crafts at local fairs and around Old San Juan. >Courtesy of Discover Puerto Rico

fact, in September 2020, a new platform for PUA to share tax information with the P.R. Department of Treasury, or Hacienda to prevent fraud.

Reportedly, some advantages provided by the platform are to check the status of the claim online per week, receive immediate correspondence via email, and know decisions online. In addition, the payment would be issued between 24 to 72 hours by direct deposit for all those who meet the

requirements in law. At the same time, most claims will be automatically evaluated allowing immediate approval.

Meanwhile, Puerto Rico Labor Secretary Carlos Rivera and Gov. Pedro Pierluisi announced an agreement between the local agency and its federal counterpart for the Mixed Earner Unemployment Compensation (MEUC). This initiative will provide an additional $100 per week aimed at citizens who are receiving unemployment benefits for previously earning salaries, but in turn, generated income amounting to at least $5,000 in self-employment during the 2019 tax year.

These are individuals who do not meet the PUA program’s requirements.

Specifically, the Labor secretary explained that this program is aimed primarily at residents who have a main job and are paid unemployment Insurance by their employers, but kept a second job as self-employed workers and informed incomes equivalent to $5,000 or more during the 2019 tax year. “We have identified roughly 60,000 people who may meet the requirements, which would represent an economic impact of approximately $65 million,” he stated.

Fewer Funds in New Stimulus

Treasury Secretary Francisco Parés Alicea revealed that the agency expects to disburse 90 to 95 percent of the $600 checks within the next three to four weeks. >Josian E. Bruno Gómez

After weeks of turmoil in Congress, the federal legislature approved a new economic stimulus bill — referred to as the CARES Act II —, which includes a $900 billion stimulus package. Despite bipartisan pressure to increase the funds under CARES Act II, and even some push by outgoing President Donald Trump, the bill slashes the original funding from CARES Act I by half. That is, instead of disbursing $1,200 for eligible citizens, the new legal framework allocates $600.

Likewise, the original CARES Act assigned $600 a week under the PUA program but halves it to weekly payments of $300. The same applies to

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/ Thuesday, January 7, 2021 eviction protections and similar programs.

Although President-elect Joe Biden’s administration is expected to provide yet another stimulus package to make up for the current law’s alleged shortcomings, there are still concerns about the incoming federal aid, especially since some believed that funding under the original CARES Act did not suffice to meet business and individual needs. The bill, as signed, does not indicate that the PUA will be paid retroactively since January 1, the day after the original PUA payments expired.

Moreover, the corresponding agencies have not revealed how much of the $900 billion will be allocated to Puerto Rico, although it is expected that the island will receive at least $500 million for nutritional assistance programs.

Concerning forgivable loans, the new law will add $24 billion to the PPP. However, as underscored by Santana, scores of local businesses did not qualify the first time around or were unable to apply due to allegedly missing or conflicting information provided by local authorities on the requirements and how to solicit the stimulus.

Treasury Readies for Disbursements

While concerns persist over the disbursement of these federal funds, Treasury Secretary Francisco Parés affirmed that the agency is getting ready to distribute “90 percent to 95 percent” of the $600 payments sometime “within the next three to four weeks.” This, however, is subject to the federal Internal Revenue Service’s (IRS) approval of the agency’s disbursement strategy.

“We submitted a distribution plan to the IRS only 10 hours after this had become law. Essentially, we intend to use the same information that the participants submitted for the $1,200 program, even though there are some minor changes, starting with the fact that the benefit has a lower amount. We understand that we have the necessary information to be able to distribute it to the vast majority of Puerto Ricans. This distribution plan is currently under the IRS’ revision. So, we await, constantly following up on the IRS,” Parés stated.

Once the IRS greenlights the process, this economic stimulus is estimated to impact nearly 3 million Puerto Rico residents, the secretary informed. “This program will benefit 2.8 million Puerto Rico residents. The program, as established in the draft, seeks to facilitate the lives of all the persons who received the $1,200 incentive,” he added.

Meanwhile, thousands of people who applied for the original stimulus reportedly did not receive the $1,200 checks. In late January, Parés explained that roughly 1,300 people provided incorrect bank account information on Hacienda’s Unified Internal Revenue Service platform (SURI by its Spanish acronym), while another 4,500 listed addresses that have not been duly identified by the postal system.

“Although Hacienda warned them about the mistake with their bank accounts or the route number, 1,300 people have not updated the information on SURI. This is the only thing missing to process the $1,200 payment,” he stated then, although the period to claim the stimulus expired on Jan. 31, 2020. As of press time, the secretary could not be reached to provide an update on these numbers or the PUA issues.

Gov. Pedro Pierluisi and his team considered fewer restrictions in the new executive order to offset the economic impact of COVID-19. >Josian E. Bruno Gómez

Demand for Looser Restrictions

Overall, SMEs have been, along with the tourism industry, the hardest-hit sectors throughout the pandemic. Estimates shared by the Department of Economic Development and Commerce (DDEC by its Spanish acronym) revealed that 20 percent to 30 percent of SMEs are at high risk of closing permanently. The lack of fund availability paired with government-issued restrictions has battered these businesses.

Issues with the government’s handling of the economic stimulus notwithstanding, the president of the Artisans Federation asserted that this sector’s main request is to be allowed to set up workspaces in open-spaced areas, such as the Paseo de la Princesa in Old San Juan or in public plazas. “What we want is for the government to allow us to work. We don’t want to depend on the government; we want us to be given the opportunity to work,” Rosa underscored.

Moreover, Santana opined that the current restriction of businesses’ client capacity of 30 percent should be subject to revision. In his opinion, this restriction benefits companies with larger business operations than microbusinesses or SMEs. “The percentage should not be generalized for small and large businesses,” and it must also be applied taking into account the individual business model, he said.

Small merchants and artisans sell their wares to tourists in Old San Juan, before the coronavirus pandemic. >Archive

— Reporters Yaritza Clemente and Christian Ramos contributed to this story.

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Banking Sector’s ‘Wish List’ for 2021 and Beyond Cites importance of leveraging the banking network

W Rosario Fajardo

rfajardo@wjournalpr.com

@RosarioWJournal

ith a view to 2021 and beyond, Puerto Rico’s banking sector is calling on stakeholders and in particular the central government, to establish public policy that is focused on having a banking sector that thrives, is not overregulated and is not subject to unfair competition from outside and local financial players.

“Having a dynamic, competitive, and flourishing banking sector is not only beneficial for the banking sector itself but for the economy in general,” according to the study, “The socioeconomic contributions of the banking sector in Puerto Rico,” which was commissioned by the Puerto Rico Bankers Association.

Among the study’s recommendations, or “wish list,” included the following: Leverage the banking network further. The banking sector channels some of the services performed by the public sector including utilities corporations. But there is a lot of margin for expanding on additional services. Many of the services and transactions performed by the Treasury Department in “colecturías” and by other agencies (e.g. Department of Transportation and Public Works, CRIM, …) could be performed in banks’ branches or through banks’ online services and call centers. That applies to both individual and business transactions.

This type of collaboration represents a win-win situation for the public sector and the banking system. Banks can charge for the services they provide and leverage potential customer contacts to cross-sell other products and strengthen their brand. The public sector can reduce expenses in customer service operations. Finally, the consumer increases the number of options it has to perform these transactions, and reduces the time spent on performing them.

Streamline and digitalize public sector transactions and databases. The quicker and seamless the interaction between banks and their customers, the larger is the multiplier effect...

However, the products and services banks provide often depend on public sector processes and databases. That is the case, for example, of the title registration in the Department of Transportation and Public Works as part of the auto loan origination process, or the mortgage cancellation in the Puerto Rico property registry when a customer pays off his mortgage.

Streamlining public sector processes and having data readily available in digital format translate into lower costs for banks, and quicker and better services for the final banking customer.

Promote the bankarization of the Puerto Rico population. Based on a study performed by Gaither International, approximately 65 percent of the Puerto Rico population has a bank account.

That is a high number compared to other Latin American countries and jurisdictions, but it is low compared to the United States, where financial inclusion is approximately 94 percent. The economic development literature indicates that financial inclusion is associated with a decline in a household’s likelihood of being poor and with reducing a household’s exposure to future poverty.

Any public-private sector initiatives dedicated

to increasing financial inclusion in Puerto Rico could be beneficial in terms of poverty reduction in the Island. By helping and pushing families to formalize accounts with banking and other financial entities, the government will speed up and strengthen the process of sending critical funds targeted to unemployed and low and medium income households (e.g. unemployment benefits, local and federal stimulus package checks, “Programa de Asistencia Nutricional”).

Recent events with the CARES coronavirusstimulus funds highlight the importance and necessity of having bank accounts, indicated Puerto Rico Bankers Association Executive Vice President Zoimé Álvarez-Rubio. “The [Puerto Rico] government must have a role and incentivize [banking] with measures that will increase banking use to help prevent fraud and the informal economy, which do so much damage to the island,” she said.

“Commercial banking plays an essential role in modern economies, and in our case, in the different areas of socioeconomic well-being of Puerto Rico, such as the creation of direct and indirect jobs, purchase of local products and services, and services to the government sector and management community, among others,” she added.

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Good News, Bad News for Local Retail Sector

U.S. retail sales grow 3 percent this holiday season rfajardo@wjournalpr.com

@RosarioWJournal

lthough nationwide, U.S. retail sales grew a modest 3 percent this holiday season, the local retail sector anticipates a 15 percent loss for the entire year, due to the monthslong lockdown in Puerto Rico that started in March, and the continuing business restrictions to the commercial sector.

While many brick and mortar stores in Puerto Rico reported an uptick in foot traffic during the holiday season, as many shoppers wanted to support local businesses, it was not enough to offset the losses in retail sales for the entire year.

At the same time, many small retailers do not have the capacity for e-commerce.

“No way does this compare to previous years. The increase in customers is more of an agglomeration caused by the funnel effect. If the hours are reduced and operations are eliminated one day, traffic increases on other days… There and unprepared meals. has been a lower consumption pattern and the “This year the sale of alcoholic beverages gap continues to be below double digits,” indicated increased a lot because [retailers] had three days Iván Báez, president of the Puerto Rico Retail in which businesses couldn’t sell alcohol,” he Association. added.

To date, the retail industry projects to end the year with losses of $2 billion. This means that sales in 2020 closed 15 below the $32.157 billion E-commerce continued to lead the way registered at the end of 2019. For the retail sector, According to data from Mastercard the busy Christmas season usually represents 30 SpendingPulse, holiday retail sales in the percent of their total sales for the U.S., excluding automotive year. and gasoline, increased 3.0 “This has been very negative percent this expanded holiday for us. The limitations imposed season, running from October by the executive orders (due 11 through December 24. to COVID-19) prevented a Notably, online sales grew 49.0 To date, the breakthrough in the Christmas percent compared to 2019, retail industry season, which is usually the the preliminary insights show. in Puerto Rico most lucrative. The trend is not Mastercard SpendingPulse projects to end the positive due to Sunday closings, measures overall retail spending year with losses of the reduction in capacity and the trends across all payment types, $2 billion. limitations in operating hours,” including cash and check.

Báez said.

“American consumers turned The Walmart executive also the holiday season on its head, indicated that in the week before redefining ‘home for the holidays’ Christmas Eve, sales of alcoholic in a uniquely 2020 way. They beverages increased, followed by toys — which in shopped from home for the home, leading to previous years used to lead sales — and prepared record e-commerce growth,” said Steve Sadove,

In fact,

>Carlos Rivera Giusti

A Rosario Fajardo

senior advisor for Mastercard and former CEO and Chairman of Saks Inc. “And, consumers shopped earlier than ever before. Across our expanded 75-day holiday shopping season, sales were up 3.0 percent, a testament to the holiday season and strength of retailers and consumers alike.”

Key findings from Mastercard SpendingPulse underscore the shift to online spending, with e-commerce accounting for 19.7 percent of overall retail sales — up from 13.4 percent in 2019. In addition, consumers continue to spend more time — and money — on their homes.

Home furniture and furnishings experienced the strongest growth of any sector compared to 2019, up 16.2 percent, and it grew 31.0 percent online specifically. In addition, home improvement was up 14.1 percent, with e-commerce sales up 79.7 percent.

Apparel experienced a decline of 19.1 percent year over year, while electronics and appliances were up 6.0 percent overall.

Department stores saw overall sales decline by 10.2 percent and online sales growth of 3.3 percent, reinforcing the importance of omnichannel offerings. Buy online, pick up in store as well as technologies like contactless were key for retailers this season.

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Liberty Puerto Rico: Full Speed Ahead in 2021

In many ways, 2020 was a banner year for the telecom company

T Rosario Fajardo

rfajardo@wjournalpr.com

@RosarioWJournal

elecommunications companies were among the winners of 2020, the year of the coronavirus pandemic, and Liberty Puerto Rico was no exception. Among the bright spots for the company was completing the acquisition of AT&T’s operations in Puerto Rico and the U.S. Virgin Islands (USVI), at a cost of $1.95 billion. In the third quarter of 2020 alone, Liberty Puerto Rico added 42,700 revenue generating units, driven by its growth in high-speed data subscribers.

“This year brought us tough challenges and major achievements. We shifted our operating model quickly and adapted to a new and completely unexpected scenario. Overall, Liberty was very successful in providing connectivity and entertainment when it was most needed. We certainly had several service challenges due to the sudden increase in demand, the same as most communications companies worldwide, but we were able to supply Internet, video and telephony services to residents and businesses so they could continue going about their lives, working, studying and keeping in touch,” said Naji Khoury, president and CEO of Liberty Puerto Rico.

Numbers speak for themselves, he noted. “We

added and retained more customers this year than existing customers in 2021,” Khoury explained.

One of the company’s “biggest achievements” ever before. Data consumption per household this year came on Nov. 2, when Liberty Latin reached record high levels close to 500 Gigabytes America completed the acquisition of AT&T’s per household per month, which is 20 times operations in Puerto Rico and the USVI. “This larger than mobile Internet usage per month. We makes us a four-play company by adding mobile to handled record number of calls and messages at our video, fixed broadband and telephony services. our customer service center as well as a record Combined, we have a workforce number of new customer of over 2,200 employees now. hookups. We also created almost We have welcomed our new 200 direct and indirect jobs in colleagues into our family and Puerto Rico.” are currently working together to Meeting Internet access offer a great experience to our demand for residential and On the new and current customer base. business customers during the corporate social We continue working with AT&T COVID-19 pandemic lockdown responsibility side, to enable the efficient transition was a top priority for the Liberty Puerto of services and we are completing company this year. “We are Rico provided the transition process to offer continuously investing to make basic Internet customer service locally with a upgrades to our infrastructure service for free company-owned call center in and increase our network’s to over 11,000 Puerto Rico, handling 100 percent capacity, but the demand during customers who of the calls with local agents. the lockdown became so high could not afford it.

“We are in the process of that we had to advance almost expanding our employee count a year’s worth of work in the to decrease waiting time and first weeks of the pandemic. deliver quality experience to We continued the upgrades our customers. The build-out plan to deliver the throughout the year, increasing our distribution network capacity and our core network capacity by highest performance 5G services throughout Puerto Rico and the USVI has been continued 1,300 Gbps [gigabit per second] to accommodate successfully, as well as network upgrades and the increase of up to almost 70 percent in data maintenance programs,” Khoury said. To date, 90 consumption,” he said. percent of Puerto Rico and the USVI now have 5G “Additionally, we continued expanding our coverage. service footprint by building 25,000 new homes On the corporate social responsibility side, with our Fiber to the Home connection, which Liberty Puerto Rico provided basic Internet service provides speeds of up to 1 Gbps. Fiber to the for free to over 11,000 customers who could not Home is the standard of new construction since afford it. late 2019 and we will continue to reach new and

In fact,

Working remotely is here to stay.

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There is no question that clients will look for lower-cost providers to meet their needs in lucrative areas such as internal investigations, compliance and defense work.

— Philip L. Harris, of the American Bar Association

Impact of COVID-19 on the Legal Services Market Nearly 60 percent of lawyers report lower wages or work hours

T Giovanna Garofalo

ggarofalo@wjournalpr.com

@giopgarofalo

he coronavirus (COVID-19) pandemic has had an adverse effect on the legal profession, with an alarming number of lawyers in practice reporting reduced salaries and projecting a generally negative outlook for the profession within the next five years. These findings were published in a study on the Legal Services market in Puerto Rico, conducted by Microjuris.com and Estudios Técnicos, in which 650 lawyers were surveyed.

Like many other professions, the majority of lawyers were able to exercise their practice throughout the coronavirus pandemic in Puerto Rico, given that this sector was allowed to continue working despite the restrictive executive orders enforced by the past administration to mitigate the spread of the virus. In fact, 98.6 percent of participants affirmed that they were able to work

throughout the restrictions.

However, 59.3 percent reported lower earnings and/or fewer hours working as a direct result of the COVID-19 crisis. These numbers reflect global trends of wage drops, such as in the United Kingdom, where The Law Society projected that lawyers will experience a salary decrease of between 10 percent and 20 percent, or the U.S. mainland, where litigators and lawyers working on contingency cases have seen reduced hours because of closed courts and canceled trials.

Moreover, the participants were asked to describe on a scale of one to 10 how they perceived the impact of business restrictions and/ or closures due to the pandemic on the legal services market, with the majority (21.8 percent) choosing “8,” representing a negative impact.

“The degree of seriousness perceived in regard to [COVID-19] is higher than the perceived [impact] of Hurricane Maria,” the report claimed.

Likewise, most lawyers believe that the condition of the legal services market will be deteriorated in the next five years. Specifically, 45.1 percent said it will be worse, 33.5 percent said it will remain the same, and only 21.4 percent said it will improve.

As for which changes were perceived in the legal services market in Puerto Rico as a result of the pandemic, participants listed: shift to remote work

(35.7 percent), fewer clients (30.6 percent), closed courts (17.8 percent), slow judicial processes (10.1 percent), clients’ financial hardships (10.1 percent), closed government agencies (8.7 percent), virtual hearings (6.3 percent), limited communication with clients (4.1 percent), communicating with clients through social platforms (3.1 percent), people scared to get infected (2.4 percent), difficulty communicating with clients (2.4 percent) and a decrease in notary cases (2.2 percent).

Philip L. Harris, of the American Bar Association, stated that “there is no question that clients will look for lower-cost providers to meet their needs in lucrative areas such as internal investigations, compliance and defense work. But more than that will change. Out of necessity, the pandemic will result in the transformation of law offices and legal departments. Those that refuse to change will be at a risk to fail. With lower revenues and clients in distress, law offices and legal departments will need to reduce expenses dramatically and on a sustainable basis.”

Despite these challenges, 72.8 percent of those surveyed said they were “satisfied” with their work and 27.8 percent said they were “very satisfied.”

Meanwhile, 17.4 percent said they were neither satisfied or unsatisfied, 7.0 percent they were “unsatisfied” and 2.8 percent reported feeling “very unsatisfied.”

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Act 20/22 Society Donates Over $1 Million to Nonprofits

Vital help for many organizations in pandemic year

A

The Weekly Journal Staff

t the end of an atypical year for all, where challenging news has been the order of the day, the Act 20/22 Society announced a record in the distribution of funds this year, helping more than 30 nonprofit organizations in Puerto Rico. The grand total distributed to date was $1.085 million.

“Since 2013, we have made a strong commitment to support charitable organizations in the Puerto Rican community,” said Robb Rill, founder of the Act 20/22 Society.

“This year, despite all the difficulties that arose, we were able to impact over 30 organizations, by offering the financial support they needed so badly to continue their commendable work.

Our commitment is for our members to be net contributors to the island through employment, investment and charitable contribution.

Collectively, the metrics bear that out, not with just these donations but overall employment by the 20/22 community, which is in excess of 40,000 jobs and capital investments throughout the island that are now in excess of a couple billion dollars,” he added.

Of the organizations to which the society’s foundation contributes, those that work for healthcare and well-being stand out, due to their relevance during the coronavirus pandemic that has affected the entire world. Organizations that received donations from the society during this year were (in alphabetical order): • Ángeles Vivientes • Asociación Puertorriqueña Pro-Bienestar de la Familia • Boys & Girls Clubs of Puerto Rico • Caribbean Thoroughbred Aftercare • Casa Protegida Julia de Burgos • Centros Sor Isolina Ferré • Chabbad of Puerto Rico • Fondos Unidos • Fundación Asistencia Centro de Trauma • Fundación Hogar Niñito Jesús • Fundación Hospital Pediátrico

• Fundación Kinesis • FUNDESCO • Haibtat for Humanity • Hogar Cuna San Cristóbal • Hogar Mis Primeros Pasos • Hogar Santa María Eufracia • Humane Society of Puerto Rico • Jane Stern Library • Karma Honey Project • Limpiar Puerto Rico Inc. • Puerto Rico Alliance of Companion Animals • San Juan Community • Santuario San Francisco de Asís • Sato Project • Save a Gato • Sociedad Americana Contra el Cáncer • Sr. Clair Foundation • Stefano Foundation • VIDAS • Voces Coalición de Vacunación de Puerto Rico • World Computer Exchange • Young Life of Puerto Rico Several leaders of these organizations were grateful for the contributions they received during the year. Ana Ivette Santiago, director of Institutional Development at the Fundación Hogar Niñito Jesús, mentioned that they were able to “maintain the efficient operation that otherwise would not have been possible, while continuing with the professionalization of the staff and direct services to the children.”

Moreover, Patricia de la Torre, senior development leader at Boys & Girls Clubs,

commented that the support has “helped them to expand services and offer the educational help that our children need so much during the pandemic.”

Likewise, Lilliam Rodríguez, CEO and founder of Voces Coalición de Vacunación, also praised the support provided, mentioning that “their help has been important and much more at this time where resources are needed to continue educating the people about the importance of vaccination and general health well-being.”

“In the historic moment that we live in, these grants are of vital importance in accordance with the mission of our foundation,” Rill affirmed.

“We are grateful to our members, partners and collaborators who have gone out of their way to achieve this. It’s a great way to end a difficult year and know our contributions have a meaningful impact.”

The 20/22 Act Foundation’s primary mission is to assist local philanthropic entities so that they can improve the quality of life in the communities they serve. The foundation has a special interest in helping areas such as health, education, eradication of child poverty, care for the elderly, support for victims of violence, the homeless and animal welfare, among others.

The foundation works on the corporate social responsibility aspect of the 20/22 Act Society, a private organization of individuals and companies that have relocated to Puerto Rico under the decrees of Acts 20 and 22; both laws have been overhauled and renamed Act 60.

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Ana Santos Rutschman Saint Louis University

Can Employers Require Workers to Take the COVID-19 Vaccine?

Five questions answered

1 2

>Brandon Cruz González

. Can employers require employees to get a vaccine?

The general rule is yes — with some exceptions. Under U.S. law, private employers have the ability to define general working conditions, including the adoption of health and safety within the workspace. Requiring employees to get vaccinated against diseases that could compromise health and safety in the workplace is viewed as part of that ability. . Does the rule apply to COVID-19 vaccines?

Earlier in the pandemic, there were some doubts about whether the general rule would apply to COVID-19 vaccines because the first vaccines that became available in the U.S. have not been fully approved by the Food and Drug Administration. They have received an emergency use authorization, which is temporary permission to commercialize the vaccines because of the public health crisis the U.S. is facing. This is the first time emergency use authorization has been granted to a new vaccine. For this reason, some legal scholars questioned whether existing laws applied to temporarily authorized vaccines.

That question was addressed when the Equal Employment Opportunity Commission (EEOC) issued guidelines that said employers have the

right to impose a mandatory COVID-19 vaccination policy.

From a legal perspective, this view is based on the fact that the law allows employers to impose requirements to make sure that employees don’t pose threats to the “health or safety of other individuals in the workplace.” The EEOC treated emergency use vaccines as part of the sets of measures that employers are able to mandate in order to accomplish this goal.

Therefore, the general rule applies and employers should be able to require that employees get vaccinated against COVID-19, within certain limits. These limits — including the exceptions below — are the same as the general exemptions applicable to any employer-mandated vaccination. . Are there religious exemptions?

Title VII of the Civil Rights Act established that if an employee has a sincerely held religious belief incompatible with vaccination, the employer cannot require that employee to be vaccinated. The EEOC has traditionally interpreted the concept of “religious belief” very broadly. Vaccine refusal cannot, however, be a personal or politically motivated belief.

If an employee qualifies for a religious exemption, the employer must then try to reasonably accommodate the employee. An example of an accommodation would be for the employer to have the employee switch from in-

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person to remote work while COVID-19 poses risks to public health.

However, the employer does not have to grant an accommodation if doing so would result in “undue hardship.” Typical cases of undue hardship include situations in which the accommodation would compromise the health and safety of other employees or in which implementing the accommodation is too costly or logistically burdensome. In case of a dispute over what constitutes an undue hardship for the employer, a court would typically be asked to resolve it based on the cost of offering the accommodation, as well as how difficult it is for the employer to implement it. . How about disability-related exemptions?

The balance of rights between an employee with a disability and her employer is similar to the one described above. Under the Americans with Disabilities Act, if an employee has a disability and cannot safely receive a vaccine, that employee qualifies for an exemption and the employer has to provide reasonable accommodations. But the act also establishes that employers do not have to provide an accommodation that would result in undue hardship.

The technical question here was whether employers could impose COVID-19 vaccination because the Americans with Disabilities Act severely limits the ability of employers to require medical examinations. In its Dec. 16 guidance, the EEOC clearly stated that COVID-19 vaccines do not fall in the “medical examination” category.

Therefore, requiring employee vaccination does not violate federal disability law. . What if the employer cannot provide an accommodation?

If an employee qualifies for either a religious or disability-related exemption but the employer is unable to provide an accommodation because of undue hardship, then the employer has the right to exclude the employee from going to the workplace.

Given the broad set of rights that the law gives employers in order to promote health and safety, in some cases it is possible for an organization to go even further and terminate employment if a worker refuses vaccination and there is no reasonable way to provide an accommodation. For example, if there is no reasonable accommodation that an employer can provide a barista that would allow her to continue make lattes at the coffee shop where she works, the employer may be able to terminate her employment.

However, the EEOC guidelines explicitly say that the inability to reasonably accommodate an employee does not automatically give the employer the right to fire her. Finding out whether the coffee shop could indeed terminate its unvaccinated barista would depend on a variety of factors, including state law, union agreements and any other potentially applicable requirements at the federal level.

— This article is republished from The Conversation under a Creative Commons license.

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/ Thursday, January 7, 2021

Exercise Your Way:

Five Apps for Working Out Virtually Anywhere Offer exercise variety and guidance - from home

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Active Aging

taying at home means transitioning activities away from public spaces and into your living room — and exercising is no exception. Adding a consistent workout routine to your day will give you more energy, strengthen your balance, and keep your mind engaged. With so many options for online workouts, you’ll find plenty of activities to keep your exercise routine fun and safe, all from the comfort of your own home! Read ahead to learn about five of the best platforms for your active lifestyle.

Jazzercise on Demand

If you were working out to dance hits in the 70s and 80s, chances are you’re familiar with Jazzercise. This popular dance-based workout has made a comeback in recent years and now offers online access. For $20/month (after a free trial), you’ll have access to thousands of live or on-demand workouts that you can stream on your computer, TV, or phone. All the platforms allow you to search for classes based on length and type, so if you’d like a quick 10-minute lowimpact workout, you’re only a few clicks away!

Bonus: you’ll hear some old classics in the music lineup as well as new hits.

Flip50

Are you ready to “flip the script on life after 50?” With Flip50 ($30/month), you’ll have access to thousands of fitness centers nationwide as well as on-demand exercise videos to stream at home.

The free version gives you a weekly plan that seeks to balance exercise, nutrition, and rest; you can skip the routines that don’t work for you, and the Flip50 app will learn more about your preferences as you go. Instructional videos help with motivation and skill development, and the weekly variety of tips keeps things fun. If you’re looking for a holistic wellness program, Flip50 is for you! Bonus: AARP members get a plan discount.

SilverSneakers

Designed to provide access to a nationwide

network of gyms, fitness classes, and online workouts — all for seniors! — SilverSneakers is a membership program that gives you entrance to thousands of facilities and discounts on other wellness purchases (massage, nutritionists, etc.).

For home-based use, you’ll be blown away by the number of online classes available to stream on your computer or TV, including how-to videos so that you know you’re getting the moves just right.

You can also download the SilverSneakers GO app to track your neighborhood walks and access workout routines when you’re out and about.

With strength, yoga, cardio, and more, you’re sure to find an exercise that fits into your daily routine.

Bonus: many Medicare plans will cover the cost of SilverSneakers, so check your benefits today.

Obé

Endless variety is one way to make sure that you’re excited about working out every day. With Obé (available to stream on your TV/ computer or iPhone; $27/month), you’ll have access to thousands of workouts, both live and on-demand. The program allows you to filter classes based on audience (try the Seniors group!), duration, low/high impact, and workout type (cardio, strength, and more). If you’re just beginning an exercise routine, try following Obé’s Just Getting Started program. As you move through the workouts, you’ll be excited to add more and more variety to your exercise plan!

Bonus: the instructors often lead holiday-themed classes for some added fun.

7 Minute Chi

Are you interested in improving your balance, flexibility, and strength? Tai chi is a traditional Chinese movement and meditation exercise that strengthens your mind and body at the same time. With the 7 Minute Chi app (free for iPhone and Android), you can add this wholebody exercise to your daily routine. The moves and meditations will help focus your thoughts as well as cultivate a strong core — something that’s crucial for balance and posture. Use this app on its own or in conjunction with another workout program for a well-rounded approach. Bonus: because the instructor gives verbal cues, you can use this workout as late-night relaxation — just close your eyes to start settling into bedtime.

Choose one or more of these virtual exercise routines to try today — your mind and body will thank you!

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/ Thursday, January 7, 2021

Ancient DNA Retells Story of Caribbean’s First People, With a Few Plot Twists Advancements made in genetic technology

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Science Daily / Florida Museum of Natural History

n international team led by Harvard Medical School’s David Reich analyzed the genomes of 263 individuals in the largest study of ancient human DNA in the Americas to date. The genetics trace two major migratory waves in the Caribbean by two distinct groups, thousands of years apart, revealing an archipelago settled by highly mobile people, with distant relatives often living on different islands.

Reich’s lab also developed a new genetic technique for estimating past population size, showing the number of people living in the Caribbean when Europeans arrived was far smaller than previously thought — likely in the tens of thousands, rather than the million or more reported by Columbus and his successors.

For archaeologist William Keegan, whose work in the Caribbean spans more than 40 years, ancient DNA offers a powerful new tool to help resolve long-standing debates, confirm hypotheses and spotlight remaining mysteries.

This “moves our understanding of the Caribbean forward dramatically in one fell swoop,” said Keegan, curator at the Florida Museum of Natural History and co-senior author of the study. “The methods David’s team developed helped address questions I didn’t even know we could address.”

Archaeologists often rely on the remnants of domestic life — pottery, tools, bone and shell discards — to piece together the past.

Now, technological breakthroughs in the study of ancient DNA are shedding new light on the movement of animals and humans, particularly in the Caribbean where each island can be a unique microcosm of life.

While the heat and humidity of the tropics can quickly break down organic matter, the human body contains a lockbox of genetic material: a small, unusually dense part of the bone protecting the inner ear. Primarily using this structure, researchers extracted and analyzed DNA from 174 people who lived in the Caribbean and Venezuela between 400 and 3,100 years ago, combining the data with 89 previously sequenced

Screen shot >Courtesy of the Florida Museum of Natural History

Figures carved by late Ceramic Age people > Courtesy of the Florida Museum of Natural History

individuals.

The genetic evidence offers new insights into the peopling of the Caribbean. The islands’ first inhabitants, a group of stone tool-users, boated to Cuba about 6,000 years ago, gradually expanding eastward to other islands during the region’s Archaic Age. Where they came from remains unclear — while they are more closely related to Central and South Americans than to North Americans, their genetics do not match any particular indigenous group. However, similar artifacts found in Belize and Cuba may suggest a Central American origin, Keegan said.

About 2,500-3,000 years ago, farmers and potters related to the Arawak-speakers of northeast South America established a second pathway into the Caribbean. Using the fingers of South America’s Orinoco River Basin like highways, they traveled from the interior to coastal Venezuela and pushed north into the

Caribbean Sea, settling Puerto Rico and eventually moving westward. Their arrival ushered in the region’s Ceramic Age, marked by agriculture and the widespread production and use of pottery.

Over time, nearly all genetic traces of Archaic Age people vanished, except for a holdout community in western Cuba that persisted as late as European arrival. Intermarriage between the two groups was rare, with only three individuals in the study showing mixed ancestry.

Many present-day Cubans, Dominicans and Puerto Ricans are the descendants of Ceramic Age people, as well as European immigrants and enslaved Africans. But researchers noted only marginal evidence of Archaic Age ancestry in modern individuals.

“That’s a big mystery,” Keegan said. “For Cuba, it’s especially curious that we don’t see more Archaic ancestry.”

Highly mobile people

Highlighting the region’s interconnectivity, a study of male X chromosomes uncovered 19 pairs of “genetic cousins” living on different islands — people who share the same amount of DNA as biological cousins but may be separated by generations. In the most striking example, one man was buried in the Bahamas while his relative was laid to rest about 600 miles away in the Dominican Republic.

“Showing relationships across different islands is really an amazing step forward,” said Keegan, who added that shifting winds and currents can make passage between islands difficult. “I was really surprised to see these cousin pairings between islands.”

/ Thursday, January 7, 2021

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Show-Stealing, All-New Infiniti QX55 Debuts Next breakout performer for the luxury brand

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The Weekly Journal Staff

ights up, cameras on and sound rolling, Infiniti has launched the all-new QX55 SUV, the spiritual successor to another one-of-a-kind moment: the Infiniti FX. Like its predecessor, the QX55’s roofline and provocative shape are in tune with equally bold buyers; the QX55 doesn’t have something for all people — it aims to be everything to some people.

“The new Infiniti QX55 is a statement-maker, designed to deliver first-class comfort and stand out everywhere it goes. It’s a unique fusion of style and substance,” said Infiniti Chairman Peyman Kargar.

The show-stealing QX55 was unveiled by global superstar Aloe Blacc, whose music connects to Infiniti with its verve and unmistakable sound.

Known for his standout hits, “The Man,” “Wake Me Up,” and “I Need A Dollar,” Blacc’s performance set the table for a new era of vehicle reveals.

“The all-new Infiniti QX55 is classy. It just looks sleek, and it feels like it’s quality. Ultimately, the only thing I ever want to engage with is quality.

From the musicians that I pick, to the food that I eat, to the car that I drive. I like to know that something is crafted with intention and purpose and that there’s quality behind every measure of it,” Blacc said.

The QX55’s design retains all of Infiniti’s design hallmarks, delivering a fresh interpretation of the FX silhouette. The QX55 inserts Infiniti back into a category it helped to create with an unapologetic style. The signature double-arch grille is complemented by an origami-inspired mesh pattern that delivers visual depth and showcases modern Japanese-inspired artistry. Flanked by

standard LED headlights that mimic the human eye, the QX55 announces its arrival in style.

Along the body sides, the QX55’s profile has plenty to say but doesn’t speak out of turn. The elegant and flowing lines reach from the hood, over the front fenders, across the doors and over the rear wheels. Twenty-inch wheels are standard on all QX55 models, which fill the wheel arches and assert the SUV’s presence.

Subtle, elegant and minimalist

The rear of the QX55 accentuates the subtlety of the automaker’s design and interpretation of Japanese minimalism by coupling an uncluttered liftgate with handsome, understated technology to deliver a lasting impression. Digital “piano key” taillights combine 45 separate LEDs in a single housing to create an elegant light signature, recently featured on the QX60 Monograph design study. The Infiniti logo on the tailgate is similarly advanced and houses the power liftgate release, which further frees the rear end from clutter.

Inside, the QX55 features Infiniti’s dual-screen, InTouch infotainment system with wireless Apple CarPlay compatibility, and multiple USB inputs for Android Auto compatibility and charging. The upper 8-inch and lower 7-inch high-resolution screens inform the driver and entertain

passengers with an available Bose audio system delivered through up to 16 speakers providing a concert-like acoustic experience.

Leatherette, leather or semi-aniline leather appointments for the seats adorn the QX55’s spacious interior, and its sliding second-row seats provide flexible cargo capacity or increased legroom, depending on need.

Under the hood of every QX55 is Infiniti’s awardwinning and innovative Variable Compression Turbo four-cylinder engine that makes 268 horsepower and 280 pound-feet of torque.

The dynamic engine imperceptibly changes its compression and displacement to deliver enhanced efficiency or on-demand power, based on the driver’s needs. That power is shifted through a confident Continuously Variable Transmission with manual shift mode and delivered to Infiniti’s Intelligent All-Wheel Drive system, which is standard on all QX55 models in the U.S. A Drive Mode Selector empowers the driver with programmable settings (Standard, Eco, Sport and Personal) to tailor each drive.

Available in select markets globally in up to three well-equipped grades: Luxe, Essential and Sensory, the all-new QX55 arrives in the U.S. in spring 2021, with other key markets to follow shortly after.