On October 9, 2006, Bob introduced two bills that deal with employment
matters, Bill 368 and 369.
Bill 368 conforms Guam law to federal Department of Labor rules
and regulations which were last revised August 23, 2004. The last
revision of Guam law was a 1961 executive order signed by then Gov.
Joseph Flores. Conforming the two sets of laws facilitates commerce
because employers will no longer need to determine which rules apply
to their business. Employees benefit because the wage payable to
exempt employees, i.e. exempt from the overtime provisions of both
laws, is increased.
Bill 369 ensures that the successful bid for a government contract
is sufficient to pay the prevailing wage to those employed pursuant
to the contract . Also, invitation to bid documents are to serve
notice that the bid must comply with prevailing wage law. The bill
provides that successful bidders on government contracts must pay
Guam’s prevailing wage (as outlined in PL 26-111).
The government of Guam awards some government contracts based on
the lowest bid. If the bidder is bidding so low as not to be able
to pay the prevailing wage, the result is the employees are probably
not paid the prevailing wage.
The two bills strengthen and clarify existing provisions of law.
Bill 368 has been referred to the Committee on Aviation, Immigration
& Housing Chaired by Sen. Lujan while Bill 369 has been referred
to the Committee on Finance, Taxation & Commerce chaired by
Sen. Calvo.
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