Title 22 — Business Regulation

This Chapter may be cited as the Minimum Wage and Hour Act of Guam. SOURCE: GC § 46000. COL08222024

It is declared to be the policy of this Chapter: (a) to establish minimum wage and maximum hour standards at levels consistent with the public health, efficiency and general well-being of workers; (b) to safeguard existing minimum wage and maximum hour standards which are adequat…

This Chapter will be administered by a Wage and Hour Commissioner, who shall be the Director of Labor. SOURCE: GC § 46002.

As used in this Chapter: “Commissioner” means the Wage and Hour Commissioner. “Employ” includes to permit or suffer to work. “Employer” includes any individual partnership, association, corporation, business trust, legal representative, government entity or instrumentality, or an…

Every employer shall pay each person employed by him wages at a rate not less than Eight Dollars and Twenty-Five Cents ($8.25) per hour, effective January 1, 2015; not less than Eight Dollars and Seventy- Five Cents ($8.75) per hour, effective March 1, 2020; and not less than Nin…

Every employer employing an alien or aliens who have not been lawfully admitted to the United States for permanent residence by the United States Department of Justice shall pay all United States citizens and permanent residents and citizens of the Federated States of Micronesia,…

(a) No employer shall employ any employee in excess of forty (40) hours a week, unless such employee receives compensation for employment in excess of such weekly hours, at a rate not less than one and one-half (1-1/2) times the regular rate at which he is employed, except that t…

The provisions of §§ 3105 and 3107 shall not apply with respect to: (a) any employee employed by his son, daughter, spouse or parent; (b) [No text] (1) Any employee who is employed in a bona fide executive capacity, which is any employee who is compensated on a salary or fee basi…

The Commissioner shall enforce the provisions of this Chapter. SOURCE: GC § 46007.

The Director of Labor shall post on the Department's internet website Title 22 GCA § 3108 and Title 17 GAR, Division 1, Chapter 4, as amended herein. SOURCE: Added by P.L. 28-164:4 (Jan. 4, 2007).

(a) Every employer shall keep in or about the premises where any employee is employed, a record of the name, address, social security number or, in the case of alien workers, the passport number and occupation of each such employee, of the amount paid each pay period to each such…

Any employer who intentionally hinders or delays the Commissioner or his authorized representative in the performance of his duties in the enforcement of this Chapter; or who intentionally refused to admit the Director of Labor or his authorized representative to any place of emp…

Any information secured from inspection of the records, or from transcriptions thereof, or from inspection of the employer's premises by the Commissioner of his authorized representative may be used in connection with their official duties or within the scope and course of their …

(a) The Commissioner may provide by regulations, after public hearing at which any person may be heard, and subject to the approval of I Maga’håga/Maga’låhi and promulgation by Executive Order, for the employment in any occupation of individual whose earning capacity is impaired …

(a) For any occupation, the Commissioner may provide by regulations after a public hearing at which any person may be heard, and subject to the approval of I Maga’håga/Maga’låhi and promulgation by Executive Order, for the employment in such occupation of learners and apprentices…

(a) The Commissioner or his authorized representative may administer oaths, take or cause to be taken the depositions of witnesses, and require by subpoenas the attendance and testimony of witnesses and the production of all books, records and other evidence relative to any matte…

The provisions incorporated in the Federal Labor Standards Act Field Operations Handbook (also known as the “Blue and Red Field Operations Handbook”) in effect on the effective date of this act shall serve as the basic set of procedures, guidelines, and regulations governing the …

(a) Criminal. Any employer who intentional violates any provisions of this Chapter other than § 3211, or of any rule, regulation or order issued under the authority of this Chapter, or who discharges or in any other manner discriminates against such employee because such employee…

Nothing in this Chapter shall 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 establi…

In the administration of this Chapter, the Commissioner and the Director shall cooperate to the fullest extent consistent with the provisions of this Chapter with the Administrator of Wage and Hour and Public Contracts Division, United States Department of Labor. SOURCE: GC § 460…

If any provision of this Chapter or the application of such provisions to any person or circumstances is held invalid, the remainder of the Chapter and the application of such provision to other persons or circumstances shall not be affected thereby. SOURCE: GC § 46018.

Whenever a Federal Law establishes a minimum wage higher than the minimum wage established pursuant to § 3105, the minimum wage under this Chapter shall be correspondingly increased to the minimum wage level of the Federal law with the same effective date. SOURCE: GC § 46019. Add…

The earned wages of all employees shall be due and payable within seven (7) days after the end of each pay period, except that: (a) the earned wages of all employees discharged the employer either with or without cause shall be immediately due and payable upon discharge; (b) if a…

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

No fines shall be collected, deducted or retained by any person out of any compensation earned by any employees. SOURCE: GC § 46032.

It shall be unlawful for any person to deduct and retain any part of portion of any compensation earned by any employee except where required by federal or territorial statute or by court process or when such deductions are authorized in writing by the employee, provided that ded…

Any person who, having the ability to pay, intentionally refuses to pay wages due and payable when demanded or who violates any provision of §§ 3201 through 3204 of this Title shall be guilty of a misdemeanor. SOURCE: GC § 46034. Amended by P.L. 13-187:225 (Sept. 2, 1976); and P.…

If any judgment obtained by the Commissioner against an employer for nonpayment of wages remains unsatisfied for a period of thirty (30) days after the time to appear therefrom has expired and no appeal is pending or after such judgment has been finally affirmed on appeal, the Co…

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 for creditors, then in all such cases claims for wages for each claimant an amount per claimant…

Any employee desiring to enforce his claim for wages under §§ 3207 to 3209 shall present a statement under oath showing the amount due, the kind of work for which such wages are due, and when such work was performed to the officer or persons charged with such property within twen…

No claim shall be paid until after the expiration of the time for filing and contesting claims. If the funds realized from the sale of the property are insufficient to pay the total claims for wages presented, then such funds shall be prorated on such claims. SOURCE: GC § 46038.

If any provision of this Act or the application of such provision to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. SOURCE: GC § 46039.

(a) It shall be a felony of the second degree to knowingly and materially alter payroll records to deprive an employee of wages rightfully due. (b) It shall be a felony of the second degree to knowingly and materially falsify payroll records to deprive an employee of wages rightf…

(a) All deductions taken from an employee's pay by an employer, and all sums payable or paid to the employer from said pay to the employee, shall be shown on the employee's pay statement or check stub, and a copy thereof shall be given to the employee at the time the employee is …

If an employer cannot or does not pay wages rightfully due when due to one (1) or more employees, the employer shall, within five (5) days, exclusive of Saturdays, Sundays, and holidays: (a) Give each employee and the Director of Labor a statement showing the correct hours worked…

When the Director of Labor finds that an employer has not paid wages due, then, in addition to all other remedies, relief, and liens allowed by law or at equity, (a) The Director of Labor (the “Director”) through the Attorney General's Office may promptly file a labor lien on any…

“Wages.” For purposes of this Title, wages (however denominated) means the gross amount owed to the employee, and includes but is not limited to all compensation for labor for which an employee is entitled, including regular pay, overtime pay, commissions, wages as defined in § 3…

The Department of Labor is authorized to conduct, administer, apply and enforce prevailing wages required to be paid to non-immigrant alien workers under the provisions of Section 101(a)(15)(H)(ii) of 8 U.S.C. 1186 rates for Guam once they have been established by I Maga’hågan/Ma…

For purposes of this Title, failure to pay wages or unpaid wages (however denominated) includes but is not limited to: (a) Failure to pay sums due for wages, overtime, and benefits; or (b) Failure to pay sums deducted from pay for payment to another within five (5) days of the da…

Any employer who fails to pay one (1) or more employee wages when due or who violates any provisions of this Title or who fails to pay overtime or who violates the child labor laws of Guam shall pay all attorney's fees and costs necessary to collect such amounts. The Department o…

(a) Except for government entities, any employer who fails to pay one (1) or more employees wages when due or who underpays an employee shall pay punitive damages to the employee of three (3) times the wages due, unless the employer can establish, as an affirmative defense in equ…

An employee may not waive his right to or compromise wages earned. An employee may waive or compromise penalties, costs and attorney's fees arising from violations of this Chapter only if all wages are paid in full and only if the employee is represented by an attorney and the wa…

The Attorney General or a private attorney may represent employees and/or the Director of Labor in actions for unpaid wages or for violations of this Title. In such violations, the court shall award reasonable attorney's fees of not less than One Hundred Twenty-Five Dollars ($125…

The courts shall liberally permit class actions suits against an employer based upon violations of this Chapter. SOURCE: GC § 46048. Added by P.L. 21-140:12 (Oct. 2, 1992).

If an employment contract for a non-immigrant alien worker to work in Guam has been previously submitted to the Guam Department of Labor, the U.S. Department of Labor, the U.S. Immigration and Naturalization Service, or the U.S. State Department as part of a process to obtain a v…

As used in this Chapter: “Person” means one or more individuals, partnerships, associations, corporation, legal representatives, business trustees, receivers or any organized group of persons; COL08222024 “Employer” means Guam or any authority, board, commission, department or in…

It shall be unlawful for an employer: (a) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment because of such individual's age or sex; or (b) to l…

The prohibition regarding discrimination based on age of this Chapter shall be limited to individuals who are at least forty (40) years of age. SOURCE: GC § 46102. Added by P.L. 15-017:1 (Apr. 18, 1979).

(a) Any person alleging a violation of this Chapter may bring a civil action in the Superior Court for such legal or equitable relief as will effectuate the purposes of this Chapter. (b) In any action brought to enforce this Chapter, the court shall have jurisdiction to grant suc…

The Director of the Department of Labor may issue such rules and regulations as may be considered necessary or appropriate for carrying out this Chapter. SOURCE: GC § 46104. Added by P.L. 15-017:1 (Apr. 18, 1979).