Guam Administrative Code

§ 5205. Occupations Involved in the Operation of Elevators and Other Power-Driven Hoisting Apparatus. COL1192018 C H . 5 C HILD L ABOR R EGULATIONS 11 (a) The following occupations involved in the operation of power-driven hoisting apparatus are declared to be hazardous for minor…

§ 5206. Occupations Involved in the Operation of Power- Driven Metal Forming, Punching and Shearing Machines. (a) Except as otherwise provided in this Section, the occupations of operator of or helper on the following power-driven metal forming, punching and shearing machines are…

§ 5207. Occupations in or About Slaughtering and Meat Packing Establishments and Rendering Plants. (a) Except as otherwise provided in this Section, the following occupations in or about slaughtering and meat packing establishments, rendering plants or wholesale, retail or servic…

§ 5208. Occupations Involved in the Operation of Certain Power-Driven Bakery Machines. The following occupations involved in the operation of power- driven bakery machines are declared to be hazardous occupations for minors under eighteen (18) years of age: (1) The occupations of…

§ 5209. Occupations Involved in the Operation of Certain Power-Driven Paper Products Machines. COL1192018 C H . 5 C HILD L ABOR R EGULATIONS 17 (a) Except as otherwise provided in this Section, the following occupations are declared to be hazardous occupations for minors under ei…

§ 5210. Occupations Involved in the Manufacture of Brick, Tile and Kindred Products. (a) The following occupations involved in the manufacture of clay construction products and of silica refractory products are declared to be hazardous occupations for minors under eighteen (18) y…

§ 5211. Occupations Involved in the Operation of Circular Saws, Band Saws and Guillotine Shears . (a) Except as otherwise provided in this Section, the following occupations are declared to be hazardous occupations for minors under eighteen (18) years of age: (1) The occupation o…

§ 5212. Occupations Involved in Wrecking, Demolition and Shipbreaking Operations. (a) All occupations in wrecking, demolition and shipbreaking operations are declared to be hazardous occupations for minors under eighteen (18) years of age. (b) As used in this Section, wrecking, d…

§ 5213. Occupations Involved in Roofing Operations . (a) Except as otherwise provided in this Section, all occupations in roofing operations are declared to be hazardous occupations for minors under eighteen (18) years of age. (b) As used in this Section, roofing operations means…

§ 5214. Occupations in Excavation Operations. (a) Except as otherwise provided in this Section, the following occupations in excavation operations are declared to be hazardous occupations for minors under eighteen (18) years of age: (1) Excavating, working in or backfilling (refi…

§ 5215. Occupations in Connection with Mining, Other Than Coal. (a) All occupations in connection with mining are declared to be hazardous occupations for minors under eighteen (18) years of age except the following: (1) Work in offices, in the warehouse or supply house, in the c…

§ 5216. Logging Occupations and Occupations in the Operation of any Sawmill, Lath Mill, Shingle Mill or Cooperage Stock Mill. (a) All occupations in logging and all occupations in operation of any sawmill, lath mill, shingle mill or cooperage stock mill are declared to be hazardo…

§ 5217. Occupations Involved in Agricultural Operations . (a) The following occupations in agriculture are declared to be hazardous occupations for minors under sixteen (16) years of age: (1) Transporting, transferring or applying anhydrous ammonia; handling or applying including…

§ 5218. Additional Hazardous Occupations for Minors Under Sixteen (16). In addition to occupations hereinbefore declared hazardous, the following occupations are declared to be hazardous occupations for minors under sixteen (16) years of age: (1) Manufacturing or processing occup…

§ 5219. Non-Hazardous Occupations for Minors Fourteen (14) Years of Age and Over in Retail, Food Service and Gasoline Service Establishments. (a) The following occupations in retail, food service and gasoline service establishments shall not be deemed hazardous for minors who hav…

§ 5220. Occupations in or About Plants or Establishments Manufacturing or Storing Explosives or Articles Containing Explosive Components. (a) Finding and Declaration of Fact. The following occupations in or about plants or establishments manufacturing or storing explosives or art…

§ 5301. Definitions. As used herein: (a) Commissioner means the Commissioner of Wage and Hour. (b) Theatrical Employment means gainful occupation as a model, dancer, singer, musician, entertainer or motion picture, television, radio or theatrical performer. (c) Other terms used a…

§ 5302. Theatrical Employment Permitted . COL1192018 C H . 5 C HILD L ABOR R EGULATIONS 33 A minor under sixteen (16) years of age may be employed or permitted to work in theatrical employment, provided: (a) A written consent to such employment is filed with the Commissioner by a…

§ 5303. Hours of Employment. A minor under sixteen (16) years of age, but not under six (6) years of age, may be employed or permitted to work in theatrical employment after 7:00 P.M. provided that: (a) On any night preceding a day when a minor is not legally required to attend s…

§ 5304. Application and Issuance of Employment Certificate. (a) Application for employment of a minor in theatrical employment shall be made by the employer to the Commissioner on forms furnished by the Commissioner. The application must contain all information required by the fo…

§ 5305. Revocation or Cancellation of Employment Certificate . A certificate for theatrical employment may be revoked or cancelled for cause at any time by the Commissioner after affording all interested parties reasonable opportunity for a fair hearing. Cause shall mean violatio…

§ 5306. Reconsideration and Appeal. (a) Any person aggrieved by the Commissioner’s action in denying, granting, revoking or cancellation of an employment certificate for theatrical employment may: (1) Within ten (10) days from such action, file a written request for reconsiderati…

§ 6101. Authority. By virtue of the authority vested in it by 22 GCA Chapter 3 and § 5210, the Department of Labor hereby issues these Rules and Regulations, which it finds necessary in order to carry out its responsibilities in the administration and enforcement of the provision…

§ 6102. Statement of Policy. (a) It is the public policy of the government of Guam to protect and safeguard the civil rights of all individuals to seek, have access to, obtain and hold employment without discrimination because of race, religious creed, color, national origin, anc…

§ 6103. Purpose. The intended purpose and objectives of the law and these Rules and Regulations are to promote equal employment opportunity and to assist all individuals in understanding their rights, duties and obligations, so as to effectuate compliance with the law.

§ 6104. Definitions. (a) “ Person ” shall mean one or more individuals, partnerships, associations, corporations, legal representatives, business trustees, receivers or any organized group of persons. (b) “ Employer ” shall mean any person employing an individual within Guam. (c)…

§ 6105. Complaint. (a) Who May File: (1) Any individual claiming to be aggrieved by an alleged unlawful employment practice or discrimination may make, sign and file a complaint with the Department. (2) Any person claiming to have been discharged, expelled, refused employment or …

§ 6106. Same: Form and Contents; Time for Filing. (a) Complaint Form. All complaints shall be on an official Department form approved by the Director of Labor. (b) Contents of Complaint. Each complaint shall contain the following: (1) The full name, address and telephone number (…

§ 6107. Same: Filing. (a) Time Limitation for Filing Complaint. No complaint shall be filed after the expiration of ninety (90) days from the date upon which the alleged act of unlawful employment practice or discrimination occurred. (b) Manner and Place of Filing: (1) The compla…

§ 6108. Same: Service, Amendment or Withdrawal. (a) Service of Complaint. Within fifteen (15) days after a complaint is filed with the Department, the Department shall personally serve upon the respondent a notice of the complaint, including the date, place and general descriptio…

§ 6109. Investigation. (a) After the filing of a complaint, the Department shall assess the complaint and if reasonable cause exists, may open an investigation into the allegations contained in the complaint. The Investigating Officer shall have authority to request for records, …

§ 6110. Conciliation. (a) Conference. The Department may require any or all of the parties to an informal conciliation conference for the purpose of attempting to informally resolve the matter. All parties shall be reasonably notified of the time, date and the place of the inform…

§ 6111. Dismissal of Complaints. (a) The Department shall dismiss the complaint under the following conditions: (1) If it is determined that the Department does not have jurisdiction over the complaint. (2) If it is determined after investigation that reasonable cause does not ex…

§ 6112. Predetermination Settlement. (a) Settlement of all complaints at the earliest stage of the complaint processing is recommended and encouraged. The following action is suggested in endeavoring predetermination settlement: (1) At any time after the filing of a complaint, bu…

§ 6113. Reconsideration of Decision for Dismissal. (a) Request by Complainant. A complainant may submit to the Director a request for reconsideration of the dismissal of his complaint. Such request must be in writing, state specifically the grounds upon which it is based, and be …

§ 6114. Department’s Order . (a) Issuance of Order. After determination is made that the respondent has engaged in unlawful employment practice or discrimination as defined in the law, and conciliation efforts terminated, the Department shall state its findings of facts and shall…

§ 6115. Hearings. (a) Request for Hearing. In all cases where the respondent objects and/or opposes the order of the Department, in whole or in part, the respondent may request for a hearing on the case. Such request shall be in writing, signed by or on behalf of the respondent. …

§ 6201. Definitions. These definitions shall be used for the purposes of administering the Fair Chances Hiring Process. (a) “ Applicant ” means any person considered for, or who requests to be considered for, employment by an employer; or, any employee considered for, or who requ…

§ 6202. Fair Chances Hiring Process. (a) An employer shall not request or require a court clearance from an applicant prior to making a conditional offer of employment to the applicant. (1) Complaints: Persons wishing to file a complaint for a violation of the Fair Chances Hiring…

§ 6203. Signage Posting Compliance. (a) All employers shall have a visible FEPD posting present in their place of business. Any employer who fails to meet this requirement may be found in violation of the rules and may be subject to civil penalties at 22 GCA § 6104(b). (1) Postin…

§ 6204. Inspections and Investigations. The staff and management personnel of the FEPD division may conduct site inspections and investigations as permitted by 22 GCA § 1108. (a) Inspections may be unannounced and at random. (b) Inspections may be performed for purposes of monito…

§ 6205. Penalties. (a) In the event of a violation of this section of the Rules, the employer shall be served with a notice of violation, commonly referred to as a “citation”, which details the violation and the level of fine to be imposed. The citation shall be signed and approv…

§ 6206. Appeals Hearings. (a) Upon the filing of a timely request of an appeal of a violation, the Director of Labor shall hold a hearing of the facts, and shall give the employer the opportunity to be heard and to provide testimony in their defense or to present rebuttal evidenc…

§ 6207. Advisory Opinions. (a) The Department may issue advisory opinions upon request. Requests for advisory opinions must be in writing and clearly state the issue with specificity. The Department may request additional information as needed, but at a minimum, the request must …

§ 6208. Public Posting of Repeat Offenders. (a) Employers who have been cited for more than one violation of an Unlawful Withdrawal of a Conditional Offer, shall have their information posted on the Department’s website for a period of seven years, in compliance with the statute …

§ 6209. Petitions. Any individual shall have the right to submit to the Director of Labor a petition for the establishment or modification of rules and regulations on subjects under the Authority of the Director, and shall have the right to request advisory rulings, consultations…

§ 6210. Severability. If any part of these Regulations is for any reason declared to be invalid by a court of law, the remaining regulations under this Title shall not be affected thereby, and shall remain valid and enforceable.