TERRITORY OF GUAM

FAIR LABOR STANDARDS

TITLE 22
GUAM CODE ANNOTATED
 

MINIMUM WAGE & HOUR ACT OF GUAM
AND
REGULATIONS 

JUNE 1996

TABLE OF CONTENTS

ARTICLE 1. MINIMUM WAGE AND HOUR ACT

∫3101 Title 1
∫3102 Declaration of Policy 1
∫3103 Wage and Hour Commissioner 1
∫3104 Definitions 1 - 2
∫3105 Minimum Wages 3
∫3106 Alien or H-2 Workers Minimum Wage 3
∫3107 Maximum Hours; Split Shifts 4
∫3108 Exemptions 4
∫3109 Duty of Wage and Hour Commissioner;
Employees, Salaries 4
∫3110 Records of Employees 5
∫3111 Violations; Penalty 5
∫3112 Information Not to be Divulged, When 5 - 6
∫3113 Handicapped Workers 6
∫3114 Wage Rates for Learners & Apprentices 6
∫3115 Oaths; Affidavits; Subpoenas; Witnesses;
Immunities 6 - 7
∫3116 Administrative Procedures, Guidelines
and Regulations 7 - 8
∫3117 Penalties; Collection of Unpaid Wages;
Injunctions, Etc. 8 - 9
∫3118 Right of Collective Bargaining Protected 9
∫3119 Territory-Federal Cooperation 9
∫3120 Separability of Provisions 10
∫3121 Minimum Wage; Automatic Increase 10

ARTICLE 2. WAGES, PAYMENT OF

∫3201 Wage to be Paid, When 11
∫3202 Payment When Amount Disputed 11
∫3203 Fines, Deductions For 11
∫3204 Wages, Deductions From 11
∫3205 Criminal Penalty 12
∫3206 Injunction for Failure to Pay Wages 12
∫3207 Claims for Wages Preferred 12
∫3208 Filing of Claims: Contests 12-13

∫3209 When Claims Paid; Prorating 13
∫3210 Separability of Provisions 13
∫3211 Additional Criminal Penalties 13
∫3212 Deductions and Form of Payments 13
∫3213 Statement if Wages not Paid 13-14
∫3214 Liens for Unpaid Wages 14
∫3215 Definitions (Wags; Local Worker) 14-15
∫3216 Enforcement of Prevailing Wages 15
∫3217 Definition of Failure to Pay Wages 15-16
∫3218 Fees and Costs 16
∫3219 Penalties 17
∫3220 Waivers 18
∫3221 Representation by Attorney General or
a Private Attorney 18
∫3222 Class Actions 18
∫3223 Changes in Employment Contracts:
Discrimination 19

EXECUTIVE ORDER NO. 61-14 19

REGULATIONS OF THE WAGE & HOUR DIVISION

Rule I Definitions 20-26
Rule II Employees Employed in Activities Incidental,
Minor, or Subsidiary to the Principal Activity 26
Rule III Handicapped Clients in Sheltered Workshops,
Learners and Apprentices 26
Rule IV Employers' Records 26-27
Rule V Reasonable Cost of Board, Lodging or
Other Facilities 27-28
Rule VI Reduction of Wages 28
Rule VII Payment of Wages 28
Rule VIII Display of Posters 29
Rule IX Effective Date 29

EXECUTIVE ORDER NO. 84-15 31

RULES AND REGULATIONS

PART I SUBMINIMUM WAGE FOR HANDICAPPED
WORKERS/CLIENTS/TRAINEES 32

Rule I Definitions 33-34

PART II SUBMINIMUM WAGES FOR HANDICAPPED
WORKERS IN COMPETITIVE EMPLOYMENT 35

Rule II Application for a License 35
Rule III Special Provisions Applicable to
Handicapped Trainees 36-37
Rule IV Conditions for Issuing Special License 37
Rule V Issuance/Denial of a License 37-38
Rule VI Terms and Conditions of a License 38-39
Rule VII Renewal of a License 39
Rule VIII Records to be Kept 39

PART III EMPLOYMENT OF HANDICAPPED WORKERS/
CLIENTS IN SHELTERED WORKSHOPS 40

Rule IX Board of control for Vocational Rehabilitation
Of Sheltered Workshops 40
Rule X Application for a Special License for a Workshop 40-41
Rule XI Application for a Special License for a
Training or Evaluation Program 42
Rule XII Application for a Special Individual Rate 42-43
Rule XIII Criteria for Consideration in Issuance of
a Special License 43-44
Rule XIV Issuance of Special Licenses 45
Rule XV Terms and Conditions of Special Licenses 45-47
Rule XVI Renewal of Special License 47
Rule XVII Staff Workers in Sheltered Workshops 47-48
Rule XVIII Industrial Homework 48
Rule XIX Records to be Kept 48-50
Rule XX Cancellation of a Special License 50-51
Rule XXI Review of Action 51
Rule XXII Submission of Information, Investigations,
and Hearings 52
Rule XXIII Issuance of License for Experimental Purpose 52
Rule XXIV Relation to Other Laws 52

EXECUTIVE ORDER 84-17 53

RULES AND REGULATIONS

PART I SUBMINIMUM WAGE FOR APPRENTICES,
STUDENT LEARNERS, AND FULL-TIME
STUDENTS 54-56

Rule I Definitions 57-58

PART II SUBMINIMUM WAGES FOR APPRENTICES 59

Rule II Application for Special Certificate 59
Rule III Conditions for Issuance or Denial of Certificate 59
Rule IV Terms of Special Certificate 60
Rule V Records to be Kept 60

PART III SUBMINIMUM WAGES FOR STUDENT
LEARNERS 61

Rule VI Application for Special Certificate 61
Rule VII Conditions for Issuance or Denial of Certificate 61-62
Rule VIII Terms and Conditions of Special Certificate 62-63
Rule IX Record to be Kept 63
Rule X Duration of Special Certificate 64

PART IV SUBMINIMUM WAGES FOR FULL-TIME
STUDENTS 65

Rule XI Application for Special Certificate 65
Rule XII Conditions for Issuance or Denial of Certificate 65-66
Rule XIII Terms and Conditions of Special Certificate 66
Rule XIV Records to be Kept 67