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    Bill 179-34

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    Article on Public Laws 34-22, 34-40, and 34-41

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    Establish yourself as a globally-recognized HR expert in 2017 by earning your SHRM Certified Professional (SHRM-CP) or SHRM Senior Certified Professional (SHRM-SCP) certification.  As a SHRM Chapter, our certification prep study group utilizes the 2017 SHRM Learning System, giving you access to the most comprehensive, effective and up-to-date exam preparation tools available.  SHRM Guam Chapter is utilizing the skills of Katherine Dole, SHRM-CP and SPHR to lead the study group.  Click on the picture to learn more!

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    Who Is Eligible For The SHRM Certifications?
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    How Do I Prepare For The SHRM-CP and SHRM-SCP Exams?
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    Top 5 Ways Your Employer Will Benefit From Your SHRM-CP or SHRM-SCP Certification. 
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    How Do I Maintain my SHRM-CP or SHRM-SCP Through Recertification?
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                SHRM Guam Chapter Receives Prestigious SHRM Award

     For Advancing the HR Profession
     

    Hagatna, Guam, June 19, 2017 - The Society for Human Resource Management (SHRM) recently awarded the Guam Chapter its prestigious EXCEL Platinum Award for the Chapter’s accomplishments in 2016.

    The award aligns the SHRM Guam chapter’s activities with SHRM’s aspirations for the HR profession.  The award recognizes accomplishments and strategic activities and initiatives that enhance the human resources profession.

    “Advancing the human resources profession is a daily mission at SHRM and this chapter’s outstanding work this year contributed significantly to that goal,” said Henry G. (Hank) Jackson, president and CEO of SHRM.  “Recipients of this prestigious award are those who show a strong commitment to advancing the HR profession through service to the community, local networking, and professional development activities.”

    The EXCEL award can be earned at four levels: bronze, silver, gold, and platinum, and each level has a prescribed set of requirements and accomplishments that must be met.  SHRM Guam Chapter has earned and received recognition at the platinum level.

    In 2016, 1,286 of Guam’s HR professionals and leaders attended nine SHRM Guam Chapter sponsored training/seminar events to include monthly breakfast briefings and the SHRM Guam Annual Conference.  Attendees learned about HR Strategic Planning; Attract, Hire & Retain; Finance for Non-Financial Managers; Employment Law Update; Update on EEOC Laws; USDOL Wage and Hour Division Updates; and Keeping Employees Motivated.  SHRM Guam Chapter also fundraised and donated $5,000 to the SHRM Foundation to support professional development activities for HR professionals.  For the first time since 2014, SHRM Guam held an HR certification study group and subsidized the cost of the books and the facilitator which resulted in several HR professionals passing the SHRM-CP certification exam.  SHRM Guam continues its financial commitment to the UOG SHRM Student Chapter to support student attendance at the SHRM Annual Conference.

    For more information about the SHRM Guam Chapter, visit guam.shrm.org. 

    Media: For more information, contact Rose Morales of the SHRM Guam Chapter at 489-8777 or at roseayuyumorales@yahoo.com.

     



    Federal Court Blocks Department of Labor Regulations that Would Increase Exempt Employee Minimum Salaries

    Overtime Rule Update

     


    SHRM Guam Chapter Earns Silver EXCEL Award for 2015

    The Society for Human Resource Management (SHRM) recently awarded the SHRM Guam Chapter its prestigious EXCEL Silver Award for the SHRM Guam Chapter's accomplishments in 2015.

    The award is part of the SHRM Affiliate Program for Excellence, which aligns individual chapters and councils’ activities with SHRM’s aspirations for the HR profession. The award recognizes accomplishments and strategic activities and initiatives that enhance the human resources profession.

    “SHRM rewards chapters and councils that demonstrate a strong commitment to advancing the human resources profession through service to the community, local networking and professional development activities,” said Henry G. (Hank) Jackson, president and CEO of SHRM. “Advancing the HR profession is at the heart of what SHRM does and SHRM Guam Chapter's work this year helps us further showcase that mission.”


    SHRM Guam Chapter Seeking Sponsors

    SHRM Guam Chapter is seeking sponsors for our monthly Breakfast Briefings.  


    Eye on OFCCP Weekly News Clippings 1/24-30/2016

    OFCCP

    What's in Store for Federal Contractors in 2016?

    Better Data Equals Greater Pay Equality

    Department of Justice

    DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

    Obama Administration Delaying Web Accessibility Rules

    Department of Labor

    Labor Department to Track Contingent Workers

    Equal Employment Opportunity Commission

    EEOC Not Liable for Victorious Employer's Legal Fees

    What Employers Should Know - Listen to the EEOC

    EEOC Announces Proposed Addition of Pay Data to Annual EEO-1 Reports

    Individuals with Disabilities

    Unemployment Rate for People with Disabilities Declines, SSDI Applications Reach Seven-Year Low

    Equal Access to Web Sites: Balancing Aesthetics and Accessibility

    Obama Administration Delaying Web Accessibility Rules

    Federal Contractors

    Federal Contractors and Job Seekers: A Checklist of Career Web site Requirements

    Look Before You Leap - Pitfalls and Tripwires Inherent in Government Contracting

    News Articles

    Labor Department to Track Contingent Workers

    Bloomberg BNA Daily Labor Report – January 26, 2016

    Labor Secretary Thomas Perez announced in a January 25, 2016 blog post that the Department of Labor (DOL) will begin tracking contingent workers for the first time in over a decade.  A contingent worker supplement will be included as part of the May 2017 current population survey.  The survey is intended to “…give us reliable, credible insight into what's going on across a range of work arrangements—from independent contractors to temporary employees to workers holding multiple jobs at the same time.”

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    Wounded Warrior Project Spends Lavishly on Itself, Insiders Say

    New York Times – January 27, 2016

    One of the country’s largest and fastest-growing charity serving veterans, the Wounded Warrior Project, has some philanthropic watchdog groups questioning some of the lavish spending habits of the organization.  Established in 2003, the organization has experienced tremendous growth with 22 locations across the country, taking in more than $372 million in 2015.  However, approximately 40percent of funds in 2014 were spent on overhead, a high margin in comparison with other organizations serving veterans.  Former employees, many veterans themselves, state the organization was quick to terminate anyone who disagreed with its operations.  Steve Nardizzi, CEO of the Wounded Warrior Project states that a lot of funds are spent on fund-raising and other expenses in order to allow the organization to grow and serve more veterans.

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    Lilly Ledbetter: Time to End the Wage Gap for Women

    WZZM 13 – January 28, 2016

    Lilly Ledbetter reflects on the progress made in ending the wage gap since the signing of the Lilly Ledbetter Fair Pay Act in this interview.  She also discusses additional policy ideas that can address the gap, such as bolstering pay transparency, prohibiting employers from requiring job candidates to provide pay history, and requiring employers to list salary ranges with job postings.

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    EEOC Not Liable for Victorious Employer's Legal Fees

    Bloomberg BNA Daily Labor Report – January 28, 2016

    On January 27, 2016, the Federal District Court for the Eastern District of Pennsylvania ruled that the Equal Employment Opportunity Commission’s (EEOC) loss of a discrimination lawsuit did not mean it was responsible for paying the employer’s legal fees (EEOC v. Dart Container Corp. , 2016 BL 21466, E.D. Pa., No. 08-5535, 1/27/16).  Dart Container Corporation filed a motion to recoup legal fees when EEOC’s lawsuit was dismissed.  The court denied the motion because EEOC had established a prima facie case of discrimination, Dart did make a settlement offer prior to EEOC’s filing of the lawsuit, and the court did not find that the lawsuit was frivolous.

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    Unemployment Rate for People with Disabilities Declines, SSDI Applications Reach Seven-Year Low

    PRWeb – January 28, 2016

    On January 28, 2016, Allsup published its disability study (Allsup Disability Study: Income at Risk).  The study shows that the unemployment rate for individuals with disabilities was 10.3 percent in December 2015, declined from the December 2014’s unemployment rate.  The study examines quarterly unemployment rates in comparison to 2014 and looks at the number of people applying for Social Security Disability Insurance.

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    EEOC Announces Proposed Addition of Pay Data to Annual EEO-1 Reports

    EEOC Press Release – January 29, 2016

    On January 29, 2016, EEOC made public proposed changes to the Employer Information Report (EEO-1).  This proposal would add aggregate data on pay ranges and hours worked to the information collected, beginning with the September 2017 report.  The proposal was published in the Federal Register on February 1, 2016 for public comment.

    Also covered in:  Obama Moves to Expand Rules Aimed at Closing Gender Pay Gap, New York Times – January 29, 2016; Breaking News: EEOC Releases Pay Data Collection Reporting Rule, Jackson Lewis LLP– January 29, 2016; and Obama to Announce Proposed Pay Equity Reporting Requirement, DCI Consulting – January 29, 2016.

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    Opinions and Blogs

    Federal Contractors and Job Seekers: A Checklist of Career Web site Requirements

    The National Law Review (Jackson Lewis P.C.) – January 24, 2016

    This blog provides a recap of recent changes with OFCCP and suggests items contractors should include on their Web pages for viewing by job seekers: 1) EEO Tag Line; 2) accessibility statement; 3) Link to the EEO is the Law Poster; 4) Link to the EEO is the Law poster supplement; 5) Pay Transparency Non-Discrimination notice; and, 6) EEO policy statement.

    Also Covered In: What’s New from the OFCCP?  Localjobnetwork.com – January, 2016.

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    What's in Store for Federal Contractors in 2016?

    JD Supra Business Advisor (Olgletree Deakins, Nash, Smoak & Stewart, P.C.) – January 27, 2016

    Summarizing OFCCP’s events projected to take effect in 2016; this blog provides a short summary of upcoming regulatory changes.

    • Executive Order 13658 “Establishing A Minimum Wage for Contractors”;
    • Executive Order 13665  “Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions, which took effect January 11, 2016;
    • Equal Pay Report (new) to be implemented by May of 2016;
    • Executive Order 13706 “Establishing Paid Sick Leave for Federal Contractors”;
    • Notice of Proposed Rulemaking updating the rules that prohibit sex discrimination;
    • Executive Order 13673, “Fair pay and Safe Workplaces”;
    • Three contractor poster requirements;
    • OFCCP class member locator Web site; and
    • Increased contract thresholds for coverage by Section 503 and VEVRAA.

    Editor’s Note: Not all of the listed regulatory changes discussed in the blog are within OFCCP’s jurisdiction

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    Equal Access to Web Sites: Balancing Aesthetics and Accessibility

    Lexology (Gordon & Rees LLP) – January 27, 2016

    The importance of Web site accessibility for individuals with disabilities is addressed in this blog.  Explaining that companies face challenges when making Web sites “aesthetically pleasing” while also keeping in mind accessibility can be challenging.

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    Obama Administration Delaying Web Accessibility Rules

    Disability Scoop – January 27, 2016

    The Department of Justice (DOJ) has decided to extend the time period for the development of regulations on accessibility for non-government Web sites until 2018. Based on its priorities for the coming years, the DOJ will first work to roll out regulations that apply to Web sites for state and local governments.

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    What Employers Should Know – Listen to the EEOC

    Workplace Class Action Blog (Seyfarth Shaw LLP) – January 28, 2016

    Summarizing EEOC Commissioner Constance Barker’s remarks at a January 28, 2016 conference, this blog advises employers of future potential litigation activities.  Commissioner Barker stated there would be various regulations and guidance issued this year, “likely in the areas of retaliation, joint employer liability, leave policies, and national origin discrimination relative to Muslim workers.”  She also said that industries such as healthcare, restaurants, and manufacturing would see increased litigation around gender, race, pregnancy, and leave issues.  Other topics EEOC is working on include “joint employer concepts, lesbian, gay, bisexual, and transgender rights, workplace arbitration, and protections for workers in the gig economy.” 

    Editor’s note: The “gig” economy refers to workers who are employed in temporary, term and contingent positions.

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    DOJ Warns That Employers Using Labor Contractors That Violate Anti-Discrimination Laws May be Held Liable

    JD Supra Business Advisor (Littler) – January 28, 2016

    The Department of Justice (DOJ) is reminding employers that, even if carried out indirectly by a third-party labor contractor, employers can be held liable for discriminatory employment practices.  The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued an opinion letter explaining the civil penalties under the anti-discrimination provisions of the Immigration and Nationality Act (INA).  Charged with enforcing the INA, the DOJ prohibits discrimination based on citizenship status or national origin, unfair documentary practices when verifying eligibility, and “retaliation or intimidation for seeking redress under INA.”

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    Look Before You Leap - Pitfalls and Tripwires Inherent in Government Contracting

    National Law Review (Sheppard, Mullin, Richter, & Hampton, LLP) – January 28, 2016

    Companies are advised by this blog to engage in a cost benefit analysis when deciding to sell anything to the U.S. Government, whether as a prime contractor or as a subcontractor.  Opportunities that arise from obtaining this business do come with specific requirements and, depending on the nature of the contract or subcontract obtained, many of the legal obligations and requirements may be significant in terms of administrative obligations. 

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    Better Data Equals Greater Pay Equality

    Huffington Post Blog - January 29, 2016

    Commemorating the seventh anniversary of the signing of the Lilly Ledbetter Fair Pay Act, Secretary Perez discusses pay equity and EEOC’s proposal to add wages and hours worked to the EEO-1 Report. 

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    UPDATED Protected Classifications in Guam

    Public Law 33-65, “Guam Marriage Equality Act of 2015” lapsed into law on August 12, 2015

      Public Law 33-64, “Guam Employment Nondiscrimination Act (GENDA) of 2015” lapsed into law on August 12, 2015

      Public Law 33-35, “Relative to the Use of An Individual’s Credit History in the Employment Process” signed into law on June 10, 2015

       


      Pacific Council State Director Gives Testimony

      SHRM Pacific Council State Director, Joann Waki Muna, SHRM-SCP, SPHR, gave testimony in support of Bill No. 102-33 An act to amend 22 GCA §5201 and §5205, and to amend 5 GCA §4104 (a); relative to discrimination in the workplace and to citing this act as the Guam Employment Nondiscrimiation Act (GENDA) of 2015. 

      SHRM is committed to encourageing fair and consistent employment practices and belives that employment decisions should be made on the basis of job qualificatons such as education, experience and demonstrated competencies, not on non-job related characteristics, including sexual orientation and gender identity.  SHRM supports efforts to ban workplace discrimination based on sexual orientation and gender identity.  SHRM supports Bill No: 102-33. 


      New OSHA Reporting Requirements

      As of January 1, 2015 OSHA reporting requirements have changed. According to the January 2, 2015 OSHA QuickTakes Newsletter, "Employers under Federal OSHA's jurisdiction must begin reporting by January 1. Establishments in a state with a state run OSHA program should contact their state plan for the implementation date." 

      All employers must report all work-related fatalities within eight (8) hours and all work-related inpatient hospitalizations, amputations, losses of an eye must be reported within twenty-four (24) hours. 

      Visit the OSHA QuickTakes for more information.  


      New Guam Minimum Wage

      The Guam Fair Labor Standards Act has been updated pursuant to Public Law 32-178.  Effective January 1, 2015 the loacl minimum wage is $8.25 per hour.