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4 GCA § 6221.1

Cause of Action for Overtime

Guam Code AnnotatedTitle 4 — Public Officers and Employees
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(a)It is the intent of I Liheslatura that all overtime which has been approved be promptly paid. Therefore: any employee who is entitled to overtime may bring action in the Superior Court against the government of Guam for payment of all back pay due as a result of overtime, in addition to all other remedies allowed at law or equity. In any such case, the Court may order pendente lite and permanently that the appropriate officer of officers of the Government pay such sums to the employee as may become due in the future on such terms as the Court deems just.

(b)In any such case, ten

(10)or more employees similarly situated may initiate and bring a class action on behalf of all employees similarly situated. In such case, the Court shall set reasonable attorney’s fees upon conclusion of the case in an amount not to exceed ten percent (10%) of the recovery, to be paid by the government of Guam if the employees prevail.

§ The story of this section

  1. Enacted by P.L. 18-44 § 34 (bill & sponsor pending — earlier Legislature not yet ingested)

Interpreted by the courts:

  • 2023 Guam 27Layla Story-Bernardo, et al., Plaintiffs-Appellants, v. Government of Guam, Lourdes A. Leon Guerrero, Defendants-Appelle (2023)

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.