Guam § 3117 - Penalties; Collection of Unpaid Wages; Injunctions, etc.

§ 3117. Penalties; Collection of Unpaid Wages; Injunctions, etc.

(a) Criminal. Any employer who intentional violates any provisions of this Chapter other than § 3211,

or of any rule, regulation or order issued under the authority of this Chapter, or who discharges or in any

other manner discriminates against such employee because such employee has made a complaint to his

employer, to the Department of labor or to any other person, or has instituted or caused to be instituted any

proceeding under or related to this Chapter, or has testified or is about to testify in any such proceedings,

shall be guilty of a misdemeanor. Each day a violation continues shall constitute a separate offense. Failure

of an employer to pay an employee any wages shall constitute prima facie evidence of a violation of this

Chapter.

(b) Liability to employee. Any employer who violates any provision of §§ 3105 or 3107 shall be liable

to the employee or employees affected in the amount of their unpaid minimum wages or unpaid overtime

compensation, as the case may be, and in case of willful violation an additional equal amount as liquidated

damages.

(c) Collection suits, attorney's fees; assignments; relief from costs. Action to recover such liability may

be maintained in the Superior Court of Guam by any one or more employees for an in behalf of himself or

themselves and other employees similarly situated, or such employee or employees may designate an agent

or representative to maintain such action for and in behalf of all employees similarly situated. The court in

such action shall, in addition to any judgment awarded to the plaintiff or plaintiffs, in the event the plaintiff

or plaintiffs prevail, allow a reasonable attorney's fee to be paid by the defendant, and costs of the action.

At the request of any person paid less than the amount to which he is entitled under the provisions of this

Chapter, the Commission may take an assignment in trust for the assigning employee of the full amount to

which he is entitled under this subsection and may bring any legal action necessary to collect such claim,

and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed

by the court in the event the commissioner prevails. The Commissioner shall not be required to pay the

filing fee, or other costs, in connection with such action. The Commissioner, in case of suit, may join various

claimants against the same employer in one action.

(d) Injunctions. Whenever it appears to the Commissioner that any employer is engaged in any act or

practice which constitutes or will constitute a violation of any provision of this Chapter, or of any provision

of any regulation, he may in his discretion bring an action in the Superior Court of Guam in which it is

charged the act or practice complained of occurred to enjoin such act or practice and enforce compliance

with this Chapter or with such regulation, and upon a proper showing, a permanent or temporary injunction

or decree or restraining order shall be granted without bond.