Administrative Process and Penalties

(a)A person claiming to be aggrieved by a violation of this Act may file an administrative complaint with the Guam Department of Labor (Department), in accordance with rules and regulations promulgated by the Department.

(b)Any administrative complaint made under the provisions of this Act must be made within ninety

(90)days of the denial of accommodations towards the employee.

(c)The Director of Labor shall be the Hearing Officer in any appeals relative to enforcement actions initiated by the Fair Employment Practice Office.

(d)The Department may refer any unpaid penalties to the Department of Revenue and Taxation, or other appropriate licensing entities, who shall require that all penalties under this Act be paid in full before renewing a business license.

(e)Any administrative complaints made directly with the U.S. Department of Labor will automatically supersede local filing.

(f)The Guam Department of Labor is hereby authorized to issue the following fines for violations of this Act:

(1)a fine of up to One Thousand Dollars ($1,000.00) for the first offense; and

(2)a fine not less than One Thousand Dollars ($1,000.00) but not greater than Two Thousand Dollars ($2,000.00) for subsequent offenses.

(g)The Department is hereby authorized to take into consideration penalties ranging from written warning, training, retraining, and subsequent fines mentioned in Subsection (f)(2) of this Section.

(h)Any penalty fines for violations of this Act shall be collected by the Department of Labor. Fines collected by the Department under the provisions of this Section shall be deposited in the Manpower Development Fund to be employed exclusively for the training programs and enforcement operations within the Fair Employment Practice Office. COL08222024 CH. 3 FAIR LABOR STANDARDS

(i)The Guam Department of Labor may develop a training program and/or a plan for providing training resources for employers and their representatives, such as the hiring authorities or human resource officers. The program may include a mandatory posting in each employer’s premises, developed by the Department, which notifies employees of this Act and other labor laws.