Guam § 58117 - Same: Work Force.

§ 58117. Same: Work Force.

(a) Minimum Size. A Beneficiary shall at all times employ a total work force of not less than the

minimum full-time equivalent number established by the Authority and as set out in the Qualifying

Certificate. However, at all times, the work force of a Beneficiary shall meet the following minimum

requirements:

(1) Initial Minimum Requirement. At least seventy-five (75%) of the Beneficiary’s non-

managerial employees shall be United States citizens or permanent residents of the United States; and

(2) Subsequent Minimum Requirement. After the expiration of three-fourths (¾ths) of the period

of the Qualifying Certificate or ten (10) years, whichever is sooner, the Beneficiary shall satisfy the

seventy-five (75%) employment requirement for both management and non-management employees.

(b) Management and Non-Management Employees. The Authority shall be the sole judge of whether

a Beneficiary’s employee is management or non-management but it may seek advice from the University

of Guam, the Guam Community College, the Department of Labor, or such other government agencies as

are helpful in advising on carrying out the provisions of this Section. The Authority shall establish by

regulation the requirements for practical and equitable training programs as guidance for the Beneficiary

and the reasonable minimum number of persons to be employed on a continuing basis for each Beneficiary

in accordance with the specific and normal requirements of the business involved. The Authority shall

annually report to I Liheslatura the titles and compensation of all trainees, including those placed in

management levels, who are employed by the Beneficiaries of Qualifying Certificates.

2025 NOTE: Reference to the “Legislature” replaced with I Liheslatura pursuant to 2 GCA § 1101.