Definition of Failure to Pay Wages

For purposes of this Title, failure to pay wages or unpaid wages (however denominated) includes but is not limited to:

(a)Failure to pay sums due for wages, overtime, and benefits; or

(b)Failure to pay sums deducted from pay for payment to another within five

(5)days of the day an employee's pay is due. As to child support payments deducted from an employee's pay but not paid in a timely manner by an employer property served with a court order of wage assignment issued by a Guam court, or authorized by the employee to deduct such payments, any penalties shall accrue to the benefit of the spouse receiving the support who shall have the authority to enforce such non-payment against the employer; or

(c)Underpayment of wages; or

(d)Understating hours worked; or

(e)Improper deduction of sums from wages; or COL08222024 CH. 3 FAIR LABOR STANDARDS

(f)Payment with a check which is dishonored; or

(g)Taking illegal kickbacks from employees by an employer or employer's agent; or

(h)Any scheme whereby an employer deprives an employee of the employee's rightful wages. “Wages” include sums payable for work done pursuant to a contract to perform personal services or to perform as an artist or performer. it is against public policy to allow avoidance of wage law enforcement, minimum wage laws, overtime laws, child labor laws, etc. by inducing employees to sign employment contracts.