Cause of Action for Overtime

(a) It is the intent of I Liheslatura that all overtime which has been approved be promptly paid. Therefore: any employee who is entitled to overtime may bring action in the Superior Court against the government of Guam for payment of all back pay due as a result of overtime, in addition to all other remedies allowed at law or equity. In any such case, the Court may order pendente lite and permanently that the appropriate officer of officers of the Government pay such sums to the employee as may become due in the future on such terms as the Court deems just. (b) In any such case, ten (10) or more employees similarly situated may initiate and bring a class action on behalf of all employees similarly situated. In such case, the Court shall set reasonable attorney’s fees upon conclusion of the case in an amount not to exceed ten percent (10%) of the recovery, to be paid by the government of Guam if the employees prevail. SOURCE: Added by P.L. 18-044:34 (Nov. 14, 1986). 2025 NOTE: Reference to the “Legislature” replaced with I Liheslatura pursuant to 2 GCA § 1101. 2016 NOTE: Subsection designations added to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 GCA § 1606.