Title 22 — Business Regulation

This Chapter may be cited as the “Employment Service Law.” SOURCE: GC § 44000. COL 2025-12-23

The government of Guam hereby accepts the provisions of the Act of Congress of June 6, 1933, as now in effect or as hereinafter amended, hereinafter referred to as the Wagner-Peyser Act (48 Stat. 113, as amended, 29 U.S.C., 49 et seq.), in conformity with § 4 of said Act, and sha…

There is hereby created as a division of the Department of Labor, the Guam Employment Service, whose function it shall be to establish and maintain free public employment offices in such places and in such manner as may be necessary for the proper and efficient administration of …

The Director of Labor shall appoint, under the Personnel Law and Compensation Law, subject to such additional standards as may be required by the United States Department of labor, a full-time, salaried officer to administer the Guam Employment Service, to be known as the Adminis…

The Director of Labor shall cooperate with any authority of the United States having powers or duties under the Wagner-Peyser Act or under any subsequent Acts of Congress further amending that Act or relating to the promotion and maintenance of a system of free public employment …

All information obtained by the Service from workers, employers, applicants or other persons in the course of administering this Chapter shall be used solely for the purpose of such administration and shall not be disclosed directly or indirectly for other purposes except in acco…

There is hereby established a special fund called the Employment Service Fund, hereinafter called “the Fund,” which shall be maintained separate and apart from any other funds of the government of Guam, and independent records and accounts shall be maintained in connection therew…

The Fund shall consist of all monies appropriated by the government of Guam or by the United States of America, or any agency thereof, or received from any other source for the administration of this Chapter; all monies received from the United States Government or any agency the…

All monies in the Fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by Title 5, Guam Code Annotated, for other special funds of the government of Guam, except that monies in this fund shall not be…

All monies in the Fund shall be secured by the holding depositary in the manner and to extent required by § 21114 of Title 4 Guam Code Annotated, and shall be maintained in a separate custody account. The Treasurer of Guam shall be liable on his official bond for the faithful per…

If any monies received by Guam pursuant to the provisions of the Wagner-Peyser Act are found by the United States Secretary of Labor to have been lost or to have been expended for purposes other than or in amounts in excess of those found necessary by the United States Secretary …

The Guam Employment Service, in certifying to the U.S. Immigration and Naturalization Service the eligibility of construction contractors to import non-immigrant alien contract labor under the quota given Guam pursuant to its rehabilitation program, shall divide the quota among a…

All persons in Guam recruiting, importing, or hiring non-immigrant alien contract laborers under the Defense H-1, H-2, H-3, E-1, E-2 or L-1 Immigration programs shall pay all salaries for services rendered in Guam directly to the non-immigrant alien contract worker and all such s…

No person shall enter into any agreement or contract for services to be rendered in Guam at a wage rate below the minimum wage rate. No employer shall be made to pay a rate in excess of the minimum wage rate. An employer may deduct from the minimum wage expenses incurred in provi…

No person shall accept or receive from any alien contract worker hired under the Defense H-1, H-2, H-3, E-1, E-2, or L-1 Immigration programs any monetary benefit or fee for the employment, procuring, offering, promising or attempting to procure employment under the Defense H-1, …

Any person violating the provisions of §§ 7113, 7114, 7115 of this Title is guilty of a felony. SOURCE: GC § 44015, as added by P.L. 11-109:5 (Dec. 10, 1971). Amended by P.L. 13-187:220 (Sept. 2, 1976).

This Chapter shall be liberally construed to accomplish its purpose of promoting employment security by increasing placement opportunities through the establishment and maintenance of a system of free public employment offices. All doubts as to the proper construction of this Cha…

It is unlawful for a non-immigrant temporary worker to report to work prior to obtaining a work permit identification card duly signed by the Director of Labor and sealed by his office. The work permit identification card constitutes a work permit and shall be renewed upon approv…

(a) The Director of Labor, pursuant to the Administrative Adjudication Law, shall promulgate rules and regulations to establish operating guidelines for the certification and employment of non-immigrant alien temporary workers in Guam (the Rules). Such Rules shall establish the c…

(a) The Guam Department of Labor is authorized to collect a non-refundable registration fee of Two Thousand Ninety-one Dollars ($2,091.00) annually per non-immigrant temporary worker for each calendar year, or One Hundred Seventy-four Dollars and Twenty-Five Cents ($174.25) per m…

(a) The increase in the registration fee of non-immigrant temporary workers set forth in this Act, shall not apply to the following contracts: (1) Contracts entered into or awarded prior to enactment of this Act, which were based upon bid awards made prior to the passage of this …

(a) There is hereby created in the Guam Department of Labor, a Manpower Development Fund (MDF), which shall remain separate and apart from any other funds of the government of Guam. COL 2025-12-23 (b) The MDF is created solely for the purpose of receiving territorial, federal, an…

Notwithstanding the general provisions of § 22406 of Title 5 GCA which requires that unused and de- appropriated funds revert to the General Fund, or any other provision of Guam law to the contrary, all de- appropriated or unused funds appropriated from the MDF shall, in all circ…

The Director of Administration and the President of Guam Community College shall complete quarterly and annual reports to the Board of Trustees of the College, the Apprenticeship Advisory Council and I Liheslatura of the condition of, and activity within, the MDF. SOURCE: GC § 44…

The Department of Labor shall require from all H-2 employers a Repatriation Guaranty Bond equivalent to the cost of transportation for the H-2 worker going back to point of origin. SOURCE: GC § 44020, as added by P.L. 18-048:6 (Jan. 2, 1987).

The Department of Labor shall require from all H-2 employers a performance and payment bond equivalent to four percent (4%) of the gross cost of the project to guaranty payment of wages and other incidental costs related to wages. SOURCE: GC § 44021, as added by P.L. 18-048:7 (Ja…

The Repatriation guaranty Bond and the performance and payment bond of Sections 7121 and 7122, respectively of this Chapter, shall be required prior to the issuance of labor certification. SOURCE: GC § 44022, as added by P.L. 18-048:8 (Jan. 2, 1987). 2025 NOTE: Past publications …

The Department of Labor shall disqualify an employer from any non-immigrant worker program if found in violation of the statutory obligation to pay the correct wage rate to the workers employed at such employer’s establishment. SOURCE: GC § 44023, as added by P.L. 21-085:2 (Jan. …

The Department of Labor shall impose a penalty of not less than One Thousand Dollars ($1,000) or more than Twenty-five Thousand Dollars ($25,000) and disbarment from employing any aliens under any COL 2025-12-23 of the non-immigrant worker programs for a period of two (2) years p…

The Department of Labor shall, on a random basis, test the skills of non-immigrant temporary workers to make certain that they have the skills set out in their labor certification applications. (a) When a non-immigrant temporary worker is found in such random testing to be unskil…

This Act may be cited as the “Commercial Employment Agencies Regulatory Law.” SOURCE: GC § 48300.

As used in this Chapter: (a) “Director” means the Director of Labor. (b) “Employment agency” means any individual, agent, partnership, corporation or association, engaged in the business of providing employment information, procuring employment for applicants or procuring employe…

No employment agency shall engage in business without a license obtained under this Chapter. Further, all licenses shall be issued in accordance with rules and regulations promulgated by the Director of Labor, such rules and regulations shall be in accordance with the Administrat…

Every employment agency shall pay an annual license fee of Twenty-Five Dollars ($25.00): (a) The fee shall be paid to the Director of Labor on or before July 1 of each year; (b) Failure to pay the annual license fee shall constitute a forfeiture of license; (c) Fees collected by …

Each licensed employment agency shall give and keep in force a bond with the Director of Labor on the penal sum of Five Thousand Dollars ($5,000.00) with good and sufficient surety or sureties approved by the Director, conditioned: (a) That the licensee shall not violate the Chap…

Every individual, agent, partnership, corporation or association seeking a license to operate an employment agency shall file a written application with the Director of Labor which shall contain such information and shall be in such form as the Director may prescribe. SOURCE: GC …

(a) Upon receipt of an application for a license to conduct an employment agency, the Director of Labor may order the issuance of the license provided that the application is complete and in proper form. (b) Every license issued shall be valid only as to the employment agency and…

Every license to conduct an employment agency shall be valid under the terms set forth in the license. The license shall expire on June 30 of each year. SOURCE: GC § 48307.

Every license to conduct an employment agency together with a copy of the fee schedule shall be posted in a conspicuous place in the main room of the agency. SOURCE: GC § 48308.

Every employment agency shall keep records and make such reports with respect to the operation of the business as the Director of Labor by rule or regulation may prescribe. Such records as required by regulation shall be preserved by the agency and kept in the office of the emplo…

The Director of Labor shall have the power to make rules and regulations as to the fees that employment agencies may charge. No employment agency shall charge, receive or attempt to collect any fee in excess of that established by the Director, provided that no fee shall be charg…

No employment agency licensed under this Chapter and no agent or employee of an employment agency shall do, make or cause to be made or done any of the following acts herein prohibited and every such employment agency, its agents and employees shall do and perform every act, duty…

Whenever in the course of an investigation made pursuant to this Chapter, it is determined that there has been an illegal collection of fees, the employment agency shall refund the fee illegally collected upon the order of the Director of Labor or his authorized representative. F…

The Director of Labor and his authorized representatives may enter any office, building, premises or other place in which an employment agency is operated for the purpose of making investigations for the proper enforcement of this Chapter and such rules and regulations as the Dir…

Any license may be revoked or canceled for cause at any time by the Director of Labor after affording all interested parties reasonable opportunity for a fair hearing. “Cause” means violation of this Chapter or rule or regulation of the Director. SOURCE: GC § 48314.

In the absence of appeal and within ten (10) days after mailing or delivery of notice of decision made pursuant to §§ 7207 and 7215 to the parties entitled thereto, the Director of Labor may, for good cause, on his own motion or upon application of any interested party reconsider…

Any person deeming himself aggrieved by the decision of the Director of Labor made pursuant to this Chapter may appeal from the decision by filing a written notice of appeal within ten (10) days after mailing COL 2025-12-23 or delivery of notice of decision with the Superior Cour…

SOURCE: GC § 48317. Vacant in original Act.

In no case shall an application for reconsideration or an appeal to the Superior Court operate as a supersedes or stay unless the Superior Court so orders. SOURCE: GC § 48318.

The Director of Labor relations may make, amend, or repeal such rules and regulations as he may deem proper to fully effectuate this Chapter. SOURCE: GC § 48319.