Title 32 — Labor

Inherent in the right to live is the right to work; and to require a person to be a member, or not to be a member, of a labor organization, as a compulsory condition of employment, is not in accord with fundamental principles of individual liberty and freedom of choice. It is the…

As used in this chapter, the following definitions apply: (a) “Labor organization” means an organization, or an agency, or employee representation committee, plan or arrangement, in which employees participate and which exists for the purpose, in whole or in part, of dealing with…

Provisions in any agreement, express or implied, between an employer and labor organization, or any combination, understanding, or practice whatsoever, which directly or indirectly make membership or nonmembership in a labor organization, or support or nonsupport of a labor organ…

It is unlawful for any employer to: (1) require an employee, as a condition or employment or of continuance of employment, to be or become or remain a member or affiliate of a labor organization; (2) require an employee, as a condition of employment or of continuance of employmen…

It is unlawful for a labor organization to: (1) require, or seek to require, an employee, as a condition of employment or of continuance of employment, to be or become or remain a member or affiliate of a labor organization; (2) require, or seek to require, an employee, as a cond…

(a) An employer or labor organization which violates any provision of 32.0103 through 32.0105 is liable to a person or party injured as a result of the violation for the actual damages as may have been sustained by that person. (b) An employee who may be denied initial employment…

Any person injured or threatened with injury by an act declared unlawful by this chapter is, notwithstanding any other provision of law to the contrary, entitled to injunctive relief therefrom. History: 1976, PL 14-19 § 7.

(a) An employer or labor organization, or a person acting for an employer or labor organization, who violates any of the provisions of 32.0103 through 32.0105, or who aids and abets in a violation, is guilty of a class B misdemeanor. (b) Each day of continued violation after conv…

The provisions of this chapter do not apply to any lawful contract in force at the time of the effective date of this chapter, but they apply to all acts and contracts thereafter entered into and to any renewal or extension of an existing contract thereafter occurring. History: 1…

This chapter may be cited as the “Minimum Waste and Hour Act of American Samoa”. History: 1965, PL 9-23.

It is the policy of this chapter to: (1) establish minimum wages and maximum hour standards at levels consistent with the public health, efficiency and general well-being of workers; (2) safeguard existing minimum wage and maximum hour standards which are adequate to the health, …

As used in this chapter, the following definitions apply: (a) “Agriculture” means a culture as defined in 29 U.S.C. § 203 (f), or as the same may be amended from time to time. (b) “Board” means the Wage and Hour Board. (c) “Employ” includes to permit or suffer to work. (d) “Emplo…

(a) This chapter shall be enforced and administered by the Wage and Hour Board, which shall consist of 5 members to be selected as follows: (1) The chairman shall be the personnel officer of the government and shall be chairman for as long as he is the personnel officer. (2) The …

(a) The Board: (1) may prepare and promulgate such rules as it deems necessary for the enforcement of this chapter: (2) shall prepare and promulgate, after a public hearing, such wage and hour orders as it deems necessary for the operation and enforcement of this chapter. Wage an…

(a) The Board or its authorized representative may administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoena the attendance and testimony of witnesses and the production of all books, records, and other evidence relative to any matter under…

(a) Every employer shall keep, in or about the premises wherein any employee is employed, and for such period of time as the board may by regulation prescribe, a record of: (1) the name, address and occupation of each employee; (2) the amount paid each pay period to each employee…

Any information secured from inspection of employers’ records, or from transcriptions, or from the taking of transcriptions, or from inspection of the employers’ premises by the Board or its authorized representative, which may be used in connection with their official duties or …

(a) The Board shall cause this chapter to be printed and copies furnished to interested persons upon request without charge. (b) Copies of orders of the Board and of rules and regulations of the Board shall also be furnished to employers affected thereby without charge. History: …

Nothing in this chapter may be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively through representatives of their own choosing in order to establish wages in excess of the applicable minimum under this chapter or to establish h…

In the administration of this chapter, the Board shall cooperate, to the fullest extent consistent with the provisions of this chapter with the Administrator of the Wage and Hour Division, United States Department of Labor. History: 1965, PL 9-23.

Every employer shall, except as the Board may provide pursuant to 32.0321 and 32.0322, pay to each employee employed by him wages at the rate of not less than 70 cents per hour. This section applies only to those employees not now covered by the present Merit System Law and Feder…

(a) The Board may provide by regulations, after public hearing at which any person may be heard, for the employment in any, occupation at individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, at such wages lower than the minimum wage ra…

(a) The Board may provide by regulation, after a public hearing at which any person may be heard, for the employment in any occupation, of learners and apprentices at such wages lower than the minimum wage rate provided in 32.0320 as the Board may find appropriate to prevent curt…

(a) No employer may employ an employee in excess of 40 hours a week unless such employee receives compensation for employment in excess of such weekly hours, at a rate not less than 1 ½ times the regular rate at which he is employed. (b) No employer may employ an employee over 14…

The earned wages of all employees discharge by an employer, either with or without cause, are immediately due and payable upon discharge. If an employee leaves his employment voluntarily, his earned wages are due and payable on the next regular payday. History: 1965, PL 9-23.

(a) In case of a dispute over wages resulting in, or existing at the time of termination at employment, the employer shall give notice to the employees of the amount of wages which he concedes to be due and the same is payable without any conditions whatsoever at the time fixed b…

No fines may be collected, deducted or retained by any person out of any compensation earned by any employee. History: 1965, PL 9-23.

It is unlawful for any person to deduct and return any part or portion of any compensation earned by any employee except where required by a Federal or Territorial statute or by court process or when such deductions are authorized in writing by the employee, provided that deducti…

Any employer who violates any provision of 32.0320 and 32.0323 shall be liable to the employee or employees affected in the amount of their unpaid minimum wages or unpaid overtime compensation; and in case of willful violation, is liable for an additional equal amount of liquidat…

(a) Actions under 32.0340 may be in the Office of the Administrative Law Judge by any one or more employees for and in behalf of himself or themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such a…

Whenever, in the course of an inspection made for the purposes of 32.0330 through 32.0333, it is determined that there has been an illegal deduction of wages under 32.0332 or 32.0333, the Board or its authorized representative may secure restitution of such deductions. If such re…

(a) When the business of any person, corporation, company or firm is suspended as a result of a writ of execution or attachment or is placed in the hands of a receiver, trustee or assignee or creditors, then all cases of claims for wages at not more than $300 for each claimant, e…

Whenever it appears to the board that any employer is engaged in any act or practice prohibited by this chapter or any provision of any rule, it may, in its discretion, bring an action before the Administrative Law Judge, charging the act or practice, and to enforce compliance wi…

If any judgment obtained by the Board against an employer for nonpayment of wanes remains unsatisfied 30 days after the time to appeal therefrom has expired, and no appeal s pending, or after such judgment has been affirmed on appeal, the board may institute proceedings in the na…

(a) Any person who divulges information in violation of section 32.0308 is guilty of a class B misdemeanor, and upon conviction, shall be sentenced accordingly. (b) Each day a violation continues shall constitute a separate offense. History: 1965, PL 9-22; amd 1980, PL 16-90 § 2.…

(a) Any employer who discharges or in any manner discriminates against an employee who has made a complaint to the employer, or to the board or any other person, or has instituted or caused to be instituted, any proceeding under or related to this chapter, or has testified or is …

(a) Any employer who knowingly violates any provision of this chapter or any rule or order issued under authority of this chapter is guilty of a class B misdemeanor. (b) Each day a violation continues shall constitute a separate offense. History: 1965, PL9-23: amd 1980, PL 16-90 …

Any person who, having the ability to pay, knowingly refuses to pay wages due and payable when demanded or who violates any provisions of 32.0330 through 32.0333 is guilty of a class B misdemeanor. History: 1965, PL 9-23; amd 1980, PL 16-90 § 75. Amendments: 1980 Amended to confo…

Any employer who knowingly hinders or delays the Board or its authorized representative in the performance of his duties in the enforcement of this title, or who knowingly refuses to admit the Board or its authorized representative to any place of employment, or who fails to keep…

Failure of an employer to pay an employee any minimum wage or overtime compensation required by 32.0320 or 32.0323 shall constitute prima facie evidence of a violation of such sect ions. History: 1965, PL 9-23.

This chapter and Chapter 32.06 may be cited as the “Workmen’s Compensation Act”. History: 1967, PL 10-15.

As used in this chapter and Chapter 32.06, the following definitions apply: (a) “American Samoa”, when used in a geographical sense, means the Territory of American Samoa, including the Territorial waters thereof. (b) “Carrier” means any person or fund authorized under this chapt…

(a) The Workmen’s Compensation Commission, composed of 5 members, is created. (b) It consists of a Commissioner, a medical officer, a law member, a fiscal member and an employee member, all to be appointed by the Governor. (c) The Commission shall maintain and keep open, during r…

Except as otherwise specifically provided, the Workmen’s Compensation Commission shall administer the provisions of this chapter, Chapter 32.06 and for such purposes as the Commission is authorized to: (1) make rules and regulations in conformity with this chapter and Chapter 32.…

(a) The Commission shall direct the vocational rehabilitation of permanently disabled employees and shall arrange with the appropriate public or private agencies for such education. (b) The Commission may, in its discretion, furnish such prosthetic appliance or other apparatus ma…

(a) The Commission shall make studies and investigations with respect to safety provisions and the causes of injuries in employment covered by this chapter and Chapter 32.06 and shall from time to time make to the legislature and to employers and carriers such recommendations as …

The Commission shall make to the American Samoa Legislature, at the beginning of each regular session, a report of the administration of this chapter and Chapter 32.06 for the preceding fiscal year, including a detailed statement of receipts of and expenditures from the funds est…

The Commissioner has power to preserve and enforce order during any proceedings, issue subpoenas, administer oaths, compel the attendance and testimony of witnesses and the production of books, papers, documents and other evidence, compel the taking of depositions before any desi…

(a) There is established in the treasury at American Samoa a special fund for the purpose of providing for the payment of all expenses respect of the administration of this chapter and Chapter 32.06. (b) The fund shall be administered by the Commissioner. (c) The Treasurer of Ame…

(a) There is authorized to be established, out of any money in the Treasury of American Samoa not otherwise appropriated, a fund sufficient to secure compensation payments under this chapter and Chapter 32.06 in respect of employees of the government. (b) The Treasurer of America…