Definitions

As used in this Article:

(a)“Date of hiring” means the earlier of:

(1)the first day for which an employee is owed compensation by an employer; or

(2)the first day that an employee reports to work or performs labor or services for an employer.

(b)“Earnings” means payment owed by an employer for labor or services rendered by an employee.

(c)“Employee” means an individual who performs services for renumeration for another person who has the right to control and direct the individual in the means by which such services are performed.

(d)“Independent Contractor” means a person who performs services for remuneration for another person who does not have the right to control and direct the person in the performance of such service, but is liable in contract to that other person for the results attained through such service.

(e)“Employer” means the person, including placement agencies, temporary employment agencies government entities and labor organizations, for whom any individual performs any service as the employee of such person, except that:

(1)if the person for whom the individual performs the services does not have control of the payment of the wages for such services, the term employer means the person having control of the payment of such wages, and

(2)in the case of a person paying wages on behalf of a non-resident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term employer means such person.

(f)“Hiring” means entering into a contract of hire with a person to perform services in exchange for compensation and includes the re-employing or return to work of any previous employee who was laid off, furloughed, separated, granted a leave without pay, or terminated from employment.

(g)“Secretary” shall mean the Secretary of U.S. Department of Health and Human Services.

(h)“Director of New Hires” shall mean the Attorney General or that persons designee within the Child Support Enforcement Office of the Department.

(i)“Working day” or “business day” as used in this Article 2 shall mean a day on which the government of Guam is open for regular business.