Guam § 3108 - Exemptions.

§ 3108. Exemptions.

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 basis at a rate of not less than Four Hundred Fifty-five

Dollars ($455.00) per week and whose primary duty is management of the enterprise where the

employee is employed or of a recognized department thereof; who customarily and regularly

directs the work of two (2) or more other employees; and who has the authority to hire or fire

other employees or whose suggestions and recommendations as to hiring, firing, advancement,

promotion, or any other change of status of other employees are given particular weight.

(2) Any employee who is employed in a bona fide administrative capacity, which is any

employee who is compensated on a salary or fee basis at a rate of not less than Four Hundred and

Fifty-five Dollars ($455.00) per week and whose primary duty is the performance of office or

non-manual work directly related to the management of the general business operations of the

employer or the employer’s customers, and whose primary duty includes the exercise of

discretion and independent judgment with respect to matters of significance.

(3) Any employee who is employed in a bona fide professional capacity, which is any

employee who is compensated on a salary or fee basis at a rate of not less than Four Hundred

Fifty-five Dollars ($455.00) per week and whose primary duty is the performance of work

requiring knowledge of an advanced type in a field of science or learning customarily acquired

by a prolonged course of specialized intellectual instruction or requiring invention, imagination,

originality or talent in a recognized field of artistic or creative endeavor. It shall also include

computer systems analysts, computer programmers, software engineers or other similarly skilled

workers in the computer field.

(4) Any employee who is employed as an outside salesperson, which is an employee who is

employed for the purpose of and who is customarily and regularly engaged away from the

employer's place of business in making sales or obtaining orders or contracts for services or the

use of facilities for which a consideration will be paid by the client or customer.

(5) Any employee with a primary duty of teaching, tutoring, instructing or lecturing in the

activity of imparting knowledge and who is employed in this activity as a teacher in an educational

establishment;

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(c) any employee employed in the propagating, catching, taking, harvesting, cultivating or

farming of any kind of fish, shellfish, crustacea, sponges, seaweeds or other aquatic forms of animal

or vegetable life, including the going to and returning from work and the loading and unloading of

such products prior to first processing;

(d) any employee employed as a seaman;

(e) any employee employed a driver of a vehicle carrying passengers for hire operated solely on

call from a fixed stand;

(f) any employee employed as a golf caddie;

(g) any employee employed as a newspaper boy in the delivery of newspapers to the consumer.

(h) any employee to the extent that such employee is exempted by the Commissioner pursuant to

§§ 3113 and 3114.