Guam Administrative Code

§152148. Same: Protested Ballots. If a dispute arises in any election or referendum concerning the eligibility of a particular employee to vote therein, the ballot of such employee may be received under protest by the agent of the Board conducting the election. All such protested…

§15244. Same: Same: Content. The petition shall include: (a) The full name and address of the petitioner; (b) The name and address of the employer, the general nature of his business, and the approximate number of his employees; (c) A description of the bargaining unit claimed to…

§ 51104. Board: Powers. When by these Rules, an act is required or allowed to be done at or within a specified time, the Board for cause shown may at any time in its discretion: (a) Order the period extended if request therefor is made before the expiration of the period original…

§51113. Intervention. Any person desiring to intervene in any proceeding shall file a motion in writing or, if made at the hearing, may move orally on the record stating the grounds upon which such person claims an interest. An original and four (4) copies of written motions shal…

§16100. Adoption of Rules and Regulations. These Rules and Regulations are adopted to aid the Guam Department of Labor and interested persons in proceedings under 22 GCA Chapter 5, Article 2, Employment Practices - Unlawful Discrimination.

§16101. Definitions. As used in these Regulations: (a) Department means the Guam Department of Labor. (b) Director means the Director of Labor. (c) Investigating Officer means a person appointed by the Director to conduct investigations under these Regulations. (d) Hearings Offic…

§16102. Complaint: Filing. A complaint that a person, employer, labor organization or employment agency has engaged or is engaging in an unlawful employment 1997 - P. 2 practice or discrimination may be filed, by any person claiming to be aggrieved by the practice, or by the Atto…

§16103. Same: Content. The complaint shall include: (a) The full name and address of the person making the complaint, hereinafter, referred to as the complainant; (b) The full name and address of the person, employer, labor organization or employment agency against whom the compl…

§16104. Same: Time of Filing . No complaint may be filed after the expiration of ninety (90) days from the date upon which the alleged act of unlawful employment practice or discrimination occurred.

§16105. Same: Amendments. A complaint or any part thereof, may be amended by a complainant at any time prior to the issuance of a notice of hearing and thereafter at the discretion of the hearings officer.

§16106. Same: Withdrawal. A complaint, or any part thereof, may be withdrawn, prior to the issuance of a notice of hearing on written consent of the investigation officer, and thereafter on written consent of the hearings officer. The request for withdrawal of the complaint shall…

§16107. Investigation. After the filing of a complaint, the investigating officer shall make prompt investigation in connection therewith.

§16108. Same: No Violation Found . If after investigation of the complaint, the investigating officer finds no violation of the Act, he shall dismiss the complaint. The complainant shall be notified in writing of such dismissal and of his right to apply to the Director for recons…

§16109. Same: Violation Found. If the investigating officer determines after investigation that further action is warranted, he shall immediately endeavor to eliminate the unlawful employment practice or discrimination complained of, by conference, conciliation and persuasion. If…

§16110. Reconsideration of Dismissal by Director. The complainant may apply to the Director for reconsideration of the dismissal of his complaint by the investigating officer, or of the terms of conciliation approved by the investigating officer, as the case may be. Application f…

§16111. Same: Director's Options. Whenever an application for reconsideration is made, the Director shall review the entire file, and may, in his discretion, hear the parties. The Director may then either grant or deny such application. If an application for reconsideration is gr…

§16112. Issuance of Written Accusation. In case of failure to eliminate an unlawful employment practice or discrimination, by conference, conciliation and persuasion or in advance thereof if in the judgment of the investigating officer circumstances warrant, the investigating off…

§16113. Answer: Filing Deadline. Within fifteen (15) days from the date of service of the accusation the respondent may file a written answer thereto. An original and two (2) copies shall be filed with the Department and a copy shall be immediately transmitted to the complainant.

§16114. Same: Content. The answer shall specifically admit, deny or explain each of the facts alleged in the complaint unless the respondent is without knowledge, in which case he shall so state, such statement operating as a denial. Failure to deny or admit any allegation in the…

§16115. Same: Extension of Filing Deadline. Upon application, the hearings officer may for good cause shown extend the time within which the answer may be filed.

§16116. Same: Amendments. (a) The answer or any part thereof may be amended by a respondent at any time prior to hearing, and thereafter at the discretion of the hearings officer. An original and two (2) copies of the amended answer shall be filed with the Department. (b) In any …

§16117. Hearing . A hearing for the purpose of taking evidence upon a complaint shall be conducted by a hearings officer. The hearings officer shall inquire fully into the facts as to whether the respondent has engaged or is engaging in an unlawful labor practice or discriminatio…

§16118. Same: Officer's Authority . The hearings officer shall have authority with respect to cases assigned to him to: (a) Give notice concerning and to hold hearings; (b) Administer oaths and affirmations; (c) Issue subpoenas, either at his own instance or upon written applicat…

§16119. Same: Evidence. The hearings officer shall not be bound by technical rules of evidence. However, no hearsay evidence shall be admitted or considered; and all irrelevant, immaterial or unduly repetitious evidence shall be excluded. 1997 - P. 6

§16120. Same: Oral Argument . Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument.

§16121. Recommended Order: Content. The Recommended Order shall contain the hearings officer's disposition of the case which shall be either to dismiss the complaint, or to require that the respondent cease and desist from such unlawful employment practice or discrimination found…

§16122. Same: Filing . The hearings officer shall file the original of his report and Recommended Order with the Director and cause a copy thereof to be served upon each of the parties.

§16123. Same: Exceptions to. Within fifteen (15) days after receipt of a copy of the hearings officer's Recommended Order any party may file with the Director an original and two (2) copies of a statement in writing setting forth exceptions to the Recommended Order or to any othe…

§16124. Same: Final Upon Approval of Director. In the event no statement of exceptions and request for review is filed as herein provided, the findings, conclusions and Recommended Order of the hearings officer shall become final upon approval of the Director, unless the Director…

§16125. Final Order . Upon the filing of a statement of exceptions and brief, the Director may decide the matter forthwith upon the record, may grant the opportunity for oral argument, or may reopen the case and receive further evidence. After making his review, the Director shal…

§16126. Appeal of Director's Decision . Within thirty (30) days from the date of the Final Order, any party aggrieved thereby may petition a judge of the Superior Court for review of the same, subject to the general provisions of law for the calling in of another judge. Such peti…

§16127. Same: Commencement of Proceedings Not Stay of Final Order. Commencement of appeal proceedings shall not stay enforcement of the Department's Final Order unless the reviewing court orders a stay upon such terms as it deems proper.

§16128. Appeal of Superior Court Decision . Any party may appeal from a decision of a Superior Court judge entered under the provisions of this Act to the District Court. Such appeal shall be taken and presented in the same manner and form and with the same effect as is provided …

§ 4101. Definitions. For the purposes of the Minimum Wage and Hour Act of Guam: (a) [Repealed.] (b) [Repealed.] (c) [Repealed.] (d) [Repealed.] (e) The term retail store shall mean any store in which goods or commodities in small quantities or parcels are sold at retail or direct…

§ 4102. Employees Employed in Activities Incidental, Minor or Subsidiary to the Principal Activity. (a) The provisions of 22 GCA ' 3105 and ' 3107, as amended, shall not apply to employees employed in activities, incidental, minor or subsidiary to the principal exempt activity; p…

§ 4103. Handicapped Clients in Sheltered Workshops, Learners and Apprentices. The provisions of 22 GCA ' 3105 and ' 3107, as amended, shall not apply to handicapped clients in sheltered workshops, learners or apprentices; provided, application for a special license or forms to be…

§ 4104. Employers' Records . (a) Every employer shall maintain and keep records in English containing the following information and data on each employee to whom 22 GCA ' 3105 and ' 3107, as amended apply: (1) Name in full, and also an identifying symbol or number if such is used…

§ 4105. Reasonable Cost of Board, Lodging and Other Facilities. (a) The reasonable cost to the employer of furnishing an employee with board, lodging or other facilities is hereby determined to be the actual cost of operation and maintenance, including adequate depreciation, plus…

§ 4106. Reduction of Wages . No employer shall reduce a wage paid by him which is in excess of the minimum wage under the Minimum Wage and Hour Act of Guam for C H . 4 M INIMUM W AGE A ND H OUR R EGULATIONS 7 the purpose of evading the overtime provisions of 22 GCA ' 3107, as ame…

§ 4107. Payment of Wages. (a) Except as provided for by 22 GCA ' 3201, as amended, the earned wages of all employees shall be due and payable within seven (7) days after the end of each pay period. (b) In the case of a dispute over wages resulting in, or existing at the time of t…

§ 4108. Display of Posters. Every employer shall display posters containing provisions of the Minimum Wage and Hour Act of Guam in conspicuous places on his premises as furnished by the Commissioner.

§ 4109. Effective Date. These Rules shall take effect upon promulgation by executive order. Dated at Agana, Guam this 17th day of May, 1961. ---------

§ 5101. Definitions. As used in this Section: (a) Act means the child labor provisions 19 GCA Chapter 11. (b) Wage and Hour Division means the Wage and Hour Division of the Department of Labor. (c) Employment Certificate means a certificate of employment issued by the Commissione…

§ 5102. Employment Certificate: Effect. (a) If an employer of a minor under the age of sixteen (16) obtains from the Commissioner of Wage and Hour or his designated representative, a certificate of employment issued and held in accordance with this Regulation, he shall have compl…

§ 5103. Information Concerning Application for Minor’s Employment Certificate, the Employment Certificate and Proof of Age Required . (a) Application for minor’s employment certificate shall contain the following information: (1) Last name, first name, middle name of minor. (2) A…

§ 5104. Periods and Conditions of Employment. (a) Except as provided in Subsection (b) of this Section, employment in any of the occupations to which this Section is applicable shall be confined to the following periods: (1) Outside school hours; COL1192018 C H . 5 C HILD L ABOR …

§ 5201. Definitions . As used in this Regulation, Commissioner, Employ, Employer, Employee, Industry, Wage and Week mean the same as the terms are defined in 19 GCA Chapter 11.