Title 22 — Business Regulation
30 chapters · 733 sections in this title.
22 GCA § 1101 Title
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This Chapter may be cited as the Department of Labor Act of Guam. SOURCE: GC § 48050.
22 GCA § 1102 Definitions
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As used in this Title: (a) Director means the Director of Labor. (b) Department means the Department of Labor. SOURCE: GC § 48051.
22 GCA § 1103 Purpose of Department
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The purpose of the Department shall be to foster, promote, and develop the welfare of the wage earners of Guam, to improve their working and living conditions, and to advance their opportunities for occupational training and profitable employment. SOURCE: GC § 48052.
22 GCA § 1104 Transfer of Functions
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All of the functions, powers, and duties of the existing Department of Labor and Personnel and of the existing Director of Labor and Personnel exercised and performed in the administration of the provisions of Chapter 50, Contracts for Public Works, Title 5 Guam Code Annotated; C…
22 GCA § 1105 Organization and Personnel
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(a) The Director may establish such divisions or other organizational units as he may determine to be necessary for the efficient and effective administration and operation of the Department. Each division and organizational unit shall be subject to the supervision and direction …
22 GCA § 1106 General Powers and Duties of Director
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As head of the Department, the Director: (a) Shall administer the Department; (b) Shall exercise and discharge the powers and duties of the Department through such divisions or other organizational units as he may establish pursuant to this Chapter or as otherwise provided by law…
22 GCA § 1107 Research and Statistics
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Notwithstanding any other provision of law, all information, statistics, or data obtained pursuant to a request by the Government, and submitted voluntarily by individuals, organizations, companies or other private entities, and not otherwise compelled by any law, rule or regulat…
22 GCA § 1108 Power to Enter, Inspect Places, Prohibition of
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Advance Notice, Record Keeping and Other Requirements. (a) In order to carry out the purposes of this Title, the Director, or his authorized representative upon presenting appropriate credentials to the owner, operator, or agent in charge is authorized: (1) To enter without delay…
22 GCA § 1109 Oaths; Hearings; Affidavits; Subpoenas; Witnesses;
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Immunities. (a) The Director or his authorized representative may administer oaths, hear testimony, 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 evid…
22 GCA § 1110 Duty to Furnish Information and Facilitate
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Inspections. The owner, operator, manager, or lessee of any place affected by this Chapter or his agent, superintendent, subordinate or employee, and any person employing or directing any labor affected by such Chapter, shall, when requested by the Director or his authorized repr…
22 GCA § 1111 Confidentiality of Trade Secrets
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All information reported to or otherwise obtained by the Director or his authorized representative in connection with any inspection or proceeding under this Title which contains or which might reveal a trade secret shall be considered confidential except that such information ma…
22 GCA § 1112 Pending Proceedings not Affected; Savings Clause
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This Act shall not affect actions or proceedings brought by or against any department, officer or other agency, the functions, powers and duties of which have been transferred by this Act, and pending on the effective date of this Act, but such actions or proceedings may be prose…
22 GCA § 1113 Notice of Commencement of Business or Occupancy
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Within one (1) month after any employer directly or indirectly commences business or begins to occupy or control a factory, workshop, warehouse, garage, store, office, or any other place of employment, he shall notify the Department in writing of such commencement, occupancy or c…
22 GCA § 1114 Consulting Services, Cooperative Activities,
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Agreements. In the performance of his functions, the Director is authorized: (a) To appoint such advisory committees as he may determine to be necessary for the effective performance of his functions; (b) To use the services, personnel, and facilities of other public or private a…
22 GCA § 1115 Mediation of Disputes
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The Governor or his designated agent may investigate and mediate labor-management disputes whenever in the Governor’s judgment the interests of industrial peace require it to be done. In pursuance of this function, the Governor may designate as his agent the Director or any other…
22 GCA § 1116 Penalties
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(a) It shall be unlawful for any employer to hinder the Director or his authorized representative in the performance of his functions, powers, duties or to otherwise violate any provision of this Title, any regulation or standard prescribed or adopted pursuant to this Title. (b) …
22 GCA § 1117 Seal
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The Director shall cause a seal of office to be made for the Department, of such design as the Governor shall approve, and judicial notice shall be taken thereof. SOURCE: GC § 48065.
22 GCA § 1118 Separability
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If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. SOURCE: GC § 4806…
22 GCA § 1119 Authorization to Adopt Rules and Regulations
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The Department of Labor may adopt rules and regulations consistent with the Guam Administrative Adjudication Law, and the laws of the United States and Guam as may be necessary to ensure the effectiveness of the provisions of this Act. SOURCE: Added by P.L. 32-110:3 (Feb. 10, 201…
22 GCA § 1201 Title
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This Chapter may be cited as the Occupational Safety and Health Act of Guam. SOURCE: GC 48200.
22 GCA § 1202 Acknowledgment and Declaration of Intent
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The government of Guam hereby acknowledges that the provisions of the Act of Congress of December 29, 1970, as now in effect or as hereafter amended, referred to as the Williams- Steiger Occupational Safety and Health Act of 1970 (P.L. 91-596) are applicable to Guam and declares …
22 GCA § 1203 Definitions
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(a) Person. means one or more individual, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons. (b) Employer means a person engaged in a business who has employees, and includes Guam or any political subdivision there…
22 GCA § 1204 Duties
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(a) Each employer (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with Occupational Safety and Health S…
22 GCA § 1205 Agency Responsible for Occupational Safety and
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Health. The Department is hereby designated as the agency of Guam responsible for developing and administering a plan in accordance with the provisions of §18(c) of said Act, and in accordance with any rules, regulations, standards, or guidelines relating to such plans promulgate…
22 GCA § 1206 Authority of Agency with Respect to Occupational
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Safety and Health. (a) The Department is hereby vested with the authority to make, update, publish, and enforce, for the purpose of the §18(b) plan, Occupational Safety and Health Standards for Guam which meet the indices of equal effectiveness as published by the United States D…
22 GCA § 1207 Temporary Emergency Standards
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(a) The Director shall provide for emergency temporary standards to take immediate effect, upon publication, if he determines (a) That employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and…
22 GCA § 1208 Temporary Variance Order
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(a) Any employer may apply to the Director for a temporary order granting a variance from a standard or any provision thereof promulgated under § 1206. Such temporary order shall be granted only if the employer files an application which meets the requirements of clause (b) hereo…
22 GCA § 1209 Variance Rule
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Any affected employer may apply to the Director for a rule or order for a variance from a standard promulgated under this section. (a) Affected employees shall be given notice of each such application and an opportunity to participate in a hearing. (b) The Director shall issue su…
22 GCA § 1210 Labels, Protective Equipment, Medical Equipment
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Any standard promulgated under § 1206 shall prescribe the use of labels or other appropriate forms of warning as are necessary to ensure that employees are apprised of all hazards to which they are exposed, relevant symptoms and appropriate emergency treatment, and proper conditi…
22 GCA § 1211 Authority of Director
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There is hereby granted to the Director the authority to adopt, to prescribe, to publish and to enforce any such rules, regulations, or procedures as he may deem necessary to carry out his responsibility under this Act. The Director may bring an action in court to enforce any of …
22 GCA § 1212 Division of Occupational Safety and Health
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(a) There is hereby established within the Department a division of Occupational Safety and Health whose function it shall be to investigate and inquire into the causes of injuries or sickness and to assist in the preparation of such occupational safety and health standards as ar…
22 GCA § 1301 Agency
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On the effective date of this Act, the Agency for Human Resources Development shall cease to exist as a department of the executive branch of the government of Guam. The Agency shall be absorbed into the Guam Department of Labor as a division of that Department, and is hereby ren…
22 GCA § 1302 Purpose
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(a) There is hereby established within the Department of Labor of the government of Guam what is known as the Division of Workforce Development and Training. (b) The Division of Workforce Development and Training will be responsible for the coordination of manpower needs, assessm…
22 GCA § 1303 Definitions
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The following words and phrases, when used in this Article, shall have the following meanings: (a) Division means the Guam Department of Labor Division of Workforce Development and Training; (b) Director means the Director of the Guam Department of Labor; (c) Employees means empl…
22 GCA § 1304 Rules and Regulations
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(a) The Director may develop and adopt rules and regulations to ensure that the administration of federal and/or local programs comply with standards set by the federal and/or local government as a condition of receipt of federal and/or local funds, and local policies and laws, i…
22 GCA § 1305 Employment
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As a result of the merger of departments, all classified employees shall retain their job title, pay grade, seniority and step at the time of transfer. The Director may transfer persons in redundant or unnecessary positions to other divisions contingent on funding availability.
22 GCA § 1306 Personnel Rules
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The rules adopted by the Director of the Department of Administration, subject to criteria established by Chapter 4 of Title 4 GCA governing the selection, promotion, performance evaluation, demotion, suspension, and other disciplinary action, shall be applicable to employees of …
22 GCA § 1307 Effective Date and Transfer
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(a) On the effective date of this Act, all working capital, accounts payable and receivable, and all books, records, applications, assets, liabilities, agreements, privileges and employees of the Agency for Human Resources Development presently existing pursuant to Public Law 17-…
22 GCA § 1308 Authorization to Administer Services
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The Director of Labor is authorized to administer federal and local programs pursuant to the Workforce Investment Act of 1998, and the newly authorized Workforce Innovation and Opportunity Act (WIOA) signed into law on July 22, 2014, and the provisions of those Acts which took ef…
22 GCA § 1309 Guam Workforce Investment Board
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The Guam Workforce Investment Board shall have the same authority and functions with respect to programs administered pursuant to this Article, as that provided in the Workforce Investment Act, Public Law Number 105-220, and the Workforce Innovations and Opportunity Act of 2014.
22 GCA § 1310 Compliance with 5 GCA Chapter 11 (Government
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Reorganization). The enactment of this Article 3 constitutes approval of the reorganization of AHRD and DOL as specified in this Act, pursuant to 5 GCA Chapter 11 (Government Reorganization).
22 GCA § 1311 Severability
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If any of the provisions of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application, and to this end t…
22 GCA § 3101 Title
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This Chapter may be cited as the Minimum Wage and Hour Act of Guam. SOURCE: GC § 46000. COL08222024
22 GCA § 3102 Declaration of Policy
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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…
22 GCA § 3103 Wage and Hour Commissioner
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This Chapter will be administered by a Wage and Hour Commissioner, who shall be the Director of Labor. SOURCE: GC § 46002.
22 GCA § 3104 Definitions
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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…
22 GCA § 3105 Minimum Wages
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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…
22 GCA § 3106 Alien or H-2 Workers Minimum Wage
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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,…
22 GCA § 3107 Maximum Hours; Split Shifts
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(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…
22 GCA § 3108 Exemptions
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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…