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 CH. 3 FAIR LABOR STANDARDS 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 taxfree 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.