Title 22 — Business Regulation

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.

Any employment agency which violates this Chapter is punishable upon conviction by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment for not more than six (6) months, or both. SOURCE: GC § 48320. ---------- COL 2025-12-23

Chapter 9 of Title 22, Guam Code Annotated is amended to make its title Worker's Compensation and throughout the Chapter the word worker is substituted in the place of workman. SOURCE: GC § 37000. Amended by P.L. 16-001:1 (Feb. 9, 1981).

[Repealed]. SOURCE: GC § 37001, which was repealed in its entirety by P.L. 11- 074:1 July 20, 1971).

(a) Adoption or Adopted. This term means legal adoption prior to the time of the injury. (b) Carrier. This term includes stock corporations or mutual associations from which any employer has obtained workers' compensation insurance or guaranty insurance in accordance with the pro…

(a) Compensation shall be payable under this Title in case of disability or death of an employee, but only if the disability or death results from an injury sustained while engaged in industrial employment or public employment or both as defined in § 9103. (b) Employers, who hire…

(a) Every employer shall be liable for and shall secure payment to his employees of the compensation payable under §§ 9108, 9109, and 9110. In the case of an employer who is a subcontractor, the contractor shall be liable for and shall secure payment of such compensation to emplo…

The liability of an employer prescribed in § 9104 shall be exclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, any and all third party claimants who may generally possess a cl…

Maximum and Minimum Compensation. (a) No compensation shall be allowed for the first three (3) days of the disability, except for the benefits provided for in § 9108; provided, however, that in case the injury results in disability of more than fourteen (14) days, the compensatio…

(a) The employer shall furnish such medical, surgical, and other attendance or treatment, nurse, hospital service, medicine, crutches, and apparatus for such period as the nature of the injury or the process of recovery may require. If the employer fails to provide the same, afte…

Compensation for disability shall be paid to the employee as follows: (a) Permanent total disability. In case of total disability, adjudged to be permanent, sixty-six and two- thirds (66-2/3) per centum of his average weekly wages shall be paid to the employee during the continua…

If the injury causes death, the compensation shall be known as a death benefit and shall be payable in the amount and to or for the benefit of the persons following: (a) Reasonable funeral expenses not exceeding Seven Thousand Four Hundred Thirty-five Dollars ($7,435). (b) If the…

Except as otherwise provided in this Title, the average weekly wage of the injured employee at the time of the injury shall be taken as the basis upon which to compute compensation and shall be determined as follows: (a) If the injured employee shall have worked in the occupation…

The Commissioner may require the appointment of a guardian or other representative, by a court of competent jurisdiction, for any person who is mentally incompetent or a minor; such guardian or representative to receive compensation payable to such person under this Title and to …