Guam

In Guam, the "employment-at-will" doctrine is generally followed, which means employers have the freedom to terminate employees with or without cause, provided the termination doesn't violate specific laws or contractual agreements.

Notice Requirements

Guam doesn't have a general statutory requirement for advance notice of termination, but certain circumstances may necessitate it:

• Collective Bargaining Agreements: Some union contracts may mandate specific notice periods before termination.
• Company Policy: Employers may have their own internal policies regarding notice, which they should follow.
• WARN Act: In the case of mass layoffs or plant closures, the federal Worker Adjustment and Retraining Notification (WARN) Act may apply, requiring 60 days' notice in certain circumstances.

Severance Pay

Severance pay is not legally mandated in Guam. However:

• Contractual Obligations: Employers may be required to provide severance pay if it's stipulated in an employment contract or collective bargaining agreement.
• Company Policy: Some employers may have severance packages as part of their benefits.

Additional Considerations

• Unemployment Benefits: Terminated employees may be eligible for unemployment benefits if they meet certain requirements.
• Final Paychecks: In cases of involuntary termination, Guam law requires employers to provide an employee's final paycheck immediately (within 24 hours).

Guam has robust anti-discrimination laws that protect individuals from unfair treatment in the workplace.

Protected Characteristics

Discrimination in employment is prohibited in Guam based on the following protected categories:

• Race
• Color
• Religion
• Sex (including pregnancy, gender identity, and sexual orientation)
• National Origin
• Age (40 and over)
• Disability
• Genetic Information
• Marital Status
• Military or Veteran Status

Redress Mechanisms

If you believe you have experienced workplace discrimination in Guam, you can seek redress through the following avenues:

• Fair Employment Practice Division (FEPD): The FEPD, a division of the Guam Department of Labor, investigates and enforces anti-discrimination complaints. You can file a complaint with the FEPD within 300 days of the alleged discriminatory act.
• Equal Employment Opportunity Commission (EEOC): Guam's FEPD has a worksharing agreement with the federal EEOC. Complaints filed with the FEPD are automatically cross-filed with the EEOC.
• Civil Lawsuit: In some cases, victims of discrimination may choose to file a civil lawsuit against their employer to seek damages or other remedies.

Employer Responsibilities

Employers in Guam have a responsibility to prevent and address discrimination in the workplace. This includes:

• Proactive Policies: Implement a clear anti-discrimination policy that outlines prohibited conduct and consequences. Communicate this policy to all employees.
• Training: Provide regular training to employees, particularly managers and supervisors, on anti-discrimination laws and how to identify and address discriminatory behavior.
• Complaint Procedures: Establish a formal process for employees to report discrimination or harassment concerns. Ensure investigations are conducted promptly, fairly, and confidentially.
• Remedial Action: Take appropriate disciplinary or corrective action against any employee found to have engaged in discriminatory conduct.

In Guam, the Department of Labor (DOL) regulates working conditions to ensure fair treatment and safety for employees.

Work Hours

The standard work week in Guam is 40 hours, with some exceptions. Employees covered by the Fair Labor Standards Act (FLSA) may have different regulations. Employers are required to pay overtime for hours exceeding 40 in a workweek, at a rate of one and a half times the regular pay rate. Shifts can extend beyond 8 hours, with a maximum of 14 hours in a 24-hour period. However, a minimum 30-minute break is mandatory after 5 hours of continuous work.

Rest Periods

While Guam law doesn't mandate specific rest periods throughout the workday, breaks are common practice and implemented by most employers.

Ergonomic Requirements

Although Guam doesn't have specific ergonomic regulations, the Division of Occupational Safety and Health (DOSH) promotes workplace safety and health through outreach and education. Employers are encouraged to follow ergonomic best practices to prevent work-related musculoskeletal disorders.

Guam places a high priority on workplace safety, implementing a mix of federal and local regulations. This guide will delve into the key aspects of these regulations, highlighting the obligations of employers, the rights of employees, and the enforcement agencies involved.

Employer Obligations

Employers in Guam are legally obligated to provide a safe and healthful work environment for their employees. These obligations, outlined in the Occupational Safety and Health Act of Guam, include:

• Providing a Safe Workplace: Employers must identify and address potential hazards in the workplace, implementing measures to prevent accidents, injuries, and illnesses. This includes maintaining equipment, providing personal protective gear (PPE), and ensuring proper ventilation.
• Hazard Communication: Employers must establish hazard communication programs to inform employees about potential chemical hazards in the workplace. This includes maintaining Safety Data Sheets (SDS) and providing training on safe handling procedures.
• Recordkeeping: Employers are required to maintain records of work-related injuries and illnesses.
• Training: Employers must provide employees with safety and health training relevant to their jobs. This training may cover specific procedures, hazard identification, and emergency response protocols.

Employee Rights

Employees in Guam have the right to a safe workplace and can exercise several rights to ensure their safety:

• Right to a Safe Workplace: Employees have the right to work in an environment free from recognized hazards.
• Right to Report Unsafe Conditions: Employees can report unsafe working conditions to their supervisor or directly to the Division of Occupational Safety and Health (DOSH) without fear of retaliation.
• Right to Refuse Unsafe Work: Employees have the right to refuse to perform tasks they believe are unsafe, provided they have a reasonable belief of danger.

Enforcement Agencies

Two primary agencies are responsible for enforcing workplace safety and health regulations in Guam:

• Guam Department of Labor (DOL) - Division of Occupational Safety and Health (DOSH): DOSH is the primary enforcement agency for Guam's Occupational Safety and Health Act. They conduct inspections, investigate complaints, and issue citations for violations.
• Federal Occupational Safety and Health Administration (OSHA): OSHA standards apply to private sector employers in Guam not covered by DOSH, typically federal agencies or businesses working for them.