Guam

In Guam, the standard working hours are primarily governed by the Federal Fair Labor Standards Act (FLSA) of 1938. The FLSA establishes a national standard for workweeks. It does not set a limit on the number of daily or weekly hours an employee can be required to work, with exceptions for minors aged between 14 and 17 under specific child labor provisions. There are also some exceptions to the standard for specific professions, including police officers, firefighters employed by public agencies, and employees of hospitals and nursing homes.

Guam adheres to the Fair Labor Standards Act (FLSA) for overtime regulations. This act dictates the requirements for overtime pay and applicability for Guam employees.

In terms of overtime eligibility, the FLSA mandates overtime pay for non-exempt employees who work more than 40 hours within a workweek. A workweek is defined as a fixed and recurring period of 168 hours, usually seven consecutive days.

Exempt employees are not entitled to overtime pay under the FLSA. Common exemptions include executive, administrative, professional, and outside sales employees meeting specific salary and duties criteria. The Guam Department of Labor (GDOL) uses the FLSA guidelines to determine exempt vs non-exempt employee classifications.

As for the overtime pay rate, for covered, non-exempt employees, overtime pay must be at least one and one-half times their regular rate of pay for all hours worked beyond 40 hours in a workweek. The regular rate of pay includes all compensation paid as wages, excluding fringe benefits.

Guam adheres to the Fair Labor Standards Act (FLSA) for meal period requirements. The FLSA dictates that employers must provide a minimum of 30 minutes unpaid meal break for employees working a workday exceeding five consecutive hours.

Key points to remember:

• The 30-minute meal period is not counted as working time unless the employee is unable to be relieved of all duties.
• Employers and employees can agree to waive the meal period if the workday will be completed within six hours.

There is no legal requirement in Guam for employers to provide mandated rest breaks for adult employees in the private sector. However, employers may choose to establish break policies at their discretion. These policies should be clearly communicated to employees within an employee handbook or through company guidelines.

Additional Considerations:

• Certain collective bargaining agreements or individual employment contracts may dictate specific break provisions.
• Guam Department of Labor (GDOL) enforces child labor laws, which include stricter break requirements for minor employees.

Guam's regulations for night shift and weekend work primarily focus on differential pay and scheduling modifications.

Night Differential Pay

The Government of Guam mandates night differential pay for classified service employees assigned to regular night or third shifts. Classified service refers to government positions filled through a merit-based system.

Key Points:

• Night differential pay is 10% of the base pay rate for all hours worked within the designated night shift timeframe.
• The designated timeframe typically falls between 6:00 p.m. and 6:00 a.m., but can vary depending on the specific government agency's policy.
• Employees working less than four hours during these night shift hours may not qualify for the differential pay.

Weekend Work

The Fair Labor Standards Act (FLSA) applies to Guam and dictates overtime pay for exceeding 40 hours worked in a workweek, but doesn't mandate specific regulations for weekend work itself.

However, employers may establish scheduling practices for weekend work, which should be communicated clearly to employees. These practices can include:

• Rotating weekend shifts: A common approach where employees take turns working weekends.
• Fixed weekend schedules: Assigning specific employees to work consistent weekends.