Guam § 3215 - Definitions.

§ 3215. Definitions.

“Wages.” For purposes of this Title, wages (however denominated) means the gross amount owed to

the employee, and includes but is not limited to all compensation for labor for which an employee is entitled,

including regular pay, overtime pay, commissions, wages as defined in § 3104 of this Code, wages to which

the employee may be entitled based on the Prevailing Wage Rates established pursuant to Section

101(a)(15)(H) ii of 8 U.S.C. 1186 (federal immigration law) established by I Maga’hågan/Maga’låhen

COL08222024

Guåhan or the United States Government, wages based on contract, and all other amounts to which the

employee is entitled for labor performed on behalf of an employer. Retirement contributions of both the

employer and the employee to a retirement fund or plan, including the Government of Guam Retirement

Fund, shall be the property of the retirement fund or plan held in trust for the benefit of the members of the

plan or fund, and the employer retains no rights thereto. Actions for non-payment of such contributions or

misuse of such funds or plans may be enforced, prohibited and recovered by the Attorney General, the

employee, or any member in the same manner as an action for unpaid wages, with the same penalties and

attorney's fees. Except for government employees and employees of non-profit organizations enjoying tax-

free status, employees cannot do volunteer work at lower than regular pay or without overtime if applicable

which work will directly or indirectly benefit his or her employer. This rule does not apply to employers

who operate institutions engaged in the care of sick, aged, or mentally ill or defective persons. This

exemption permits these institutions to adopt a fourteen (14) day workweek instead of a seven (7) day

workweek and does not require overtime unless an employee is employed more than eight (8) hours per

day or in excess of eighty (80) hours in the fourteen (14) day workweek.

“Local worker.” For purposes of this Title, local worker or local employee means a U.S. citizen, a

permanent resident of the United States, a U.S. national, or a person from the Commonwealth of the

Northern Mariana Islands, the Republic of Palau, the Federal States of Micronesia, or the Republic of the

Marshall Islands.