Disclaimer: This information is for educational and informational purposes only and does not constitute legal advice. Labor laws change frequently—verify current requirements with official government sources before making compliance decisions. Consult with qualified legal counsel for specific compliance questions. Use of this information does not create an attorney-client relationship.
American Samoa Labor Law Posters: 2026 Employer Guide
American Samoa operates under a labor law system unlike anywhere else in the United States. Instead of a single minimum wage rate, the territory uses 18 industry-specific minimum wage classifications - a system that has been in effect since the Fair Minimum Wage Act of 2007.
This complexity means employers cannot simply post a generic federal minimum wage poster. Each workplace must display the correct industry-specific wage rate for their classification, or face penalties under the Fair Labor Standards Act.
The territory's economy revolves around two major employers: the American Samoa Government and StarKist Samoa (the only remaining tuna cannery). Together, these entities employ the majority of the 55,000-person population's workforce, making compliance particularly concentrated but critical.
This guide covers everything employers need to know about labor law poster requirements in American Samoa for 2026, including the September 2024 rate increases and projected September 2027 changes.
2026 Industry-Specific Minimum Wage Rates
American Samoa's minimum wages increased by $0.40 per hour across all 18 industry classifications on September 30, 2024. These rates remain in effect through September 29, 2027.
The following table shows current rates effective through 2026:
| Industry Classification | 2026 Rate | Sept 2027 Rate |
|---|---|---|
| Garment Manufacturing | $5.78/hr | $6.18/hr |
| Miscellaneous Activities (incl. domestic work) | $5.80/hr | $6.20/hr |
| Government Employees | $6.01/hr | $6.41/hr |
| Hotel | $6.10/hr | $6.50/hr |
| Retailing, Wholesaling & Warehousing | $6.20/hr | $6.60/hr |
| Bottling, Brewing & Dairy Products | $6.29/hr | $6.69/hr |
| Fish Canning, Processing, Can Manufacturing | $6.36/hr | $6.76/hr |
| Private Hospitals and Educational Institutions | $6.43/hr | $6.83/hr |
| Tour and Travel | $6.58/hr | $6.98/hr |
| Printing | $6.60/hr | $7.00/hr |
| Ship Maintenance | $6.61/hr | $7.01/hr |
| Construction | $6.70/hr | $7.10/hr |
| Publishing | $6.73/hr | $7.13/hr |
| Petroleum Marketing | $6.95/hr | $7.25/hr |
| Shipping & Transportation: All Other Activities | $6.98/hr | $7.25/hr |
| Shipping & Transportation: Unloading of Fish | $7.02/hr | $7.25/hr |
| Finance and Insurance | $7.09/hr | $7.25/hr |
| Shipping & Transportation: Stevedoring, Lighterage, Maritime | $7.19/hr | $7.25/hr |
Source: U.S. Department of Labor - Wage Rates in American Samoa
Understanding the Industry Classification System
Unlike mainland states where one minimum wage applies to all workers, American Samoa's rates are tied to the employer's industry - not the employee's occupation. This means:
- A secretary working for a construction company earns the construction industry rate ($6.70/hr)
- A secretary working for a hotel earns the hotel industry rate ($6.10/hr)
- The same job, different minimum wages based on employer classification
The U.S. Department of Labor Wage and Hour Division determines which industry classification applies to each employer.
Path to Federal Minimum Wage Convergence
Under the Fair Minimum Wage Act of 2007, American Samoa minimum wages increase by $0.40 every three years until reaching the federal minimum wage of $7.25. The schedule:
| Industry | Reaches $7.25 |
|---|---|
| Shipping & Transportation: Stevedoring | September 2027 |
| Finance and Insurance | September 2027 |
| Shipping & Transportation: Fish Unloading | September 2027 |
| Petroleum Marketing | September 2027 |
| All remaining industries | September 2036 |
By 2036, all American Samoa industries are scheduled to reach the federal minimum wage - assuming no further federal minimum wage increases.
Government Employee Wage Anomaly
While the legal industry minimum for government employees is $6.01/hr, the American Samoa Government voluntarily pays $7.25/hr (the federal rate) to its workforce. This creates an unusual situation where the government exceeds its own legal minimum by $1.24/hr.
Required Federal Posters
As a U.S. territory, American Samoa employers must display standard federal workplace posters. Federal OSHA has jurisdiction over the territory, as American Samoa does not operate its own state OSHA plan.
Fair Labor Standards Act / American Samoa Minimum Wage Poster
The American Samoa Minimum Wage Poster is a territory-specific version of the federal FLSA poster. Key requirements:
- Bilingual format: English and Samoan (Aia Tatau O Tagata Faigaluega)
- Industry rates: Must display the wage for your specific industry classification
- Conspicuous posting: Visible to all employees
- Size: Standard federal poster dimensions
Required for: All employers covered by the Fair Labor Standards Act
OSHA Job Safety and Health Poster
Federal OSHA directly covers American Samoa workplaces. According to OSHA's state plan page, American Samoa is under federal OSHA jurisdiction, not a territorial program.
Required poster: OSHA 3165 - "Job Safety and Health: It's the Law"
Required for: All employers with at least one employee
Contact: OSHA's Honolulu office (808-541-1361) handles American Samoa matters.
Employee Polygraph Protection Act (EPPA)
Federal EPPA restrictions apply in American Samoa. Employers cannot require lie detector tests except in limited circumstances.
Required for: All employers engaged in interstate commerce
Family and Medical Leave Act (FMLA)
Federal FMLA applies to qualifying American Samoa employers.
Required for: Employers with 50+ employees within 75 miles
Note: Given American Samoa's geography (five small islands), the 75-mile radius effectively captures all territory employees.
Uniformed Services Employment and Reemployment Rights Act (USERRA)
Military service protections apply to American Samoa workers.
Required for: All employers regardless of size
Equal Employment Opportunity Poster
The "EEO is the Law" poster covers federal anti-discrimination protections.
Important limitation: According to employment law experts, Title VII of the Civil Rights Act does not fully apply in American Samoa. Federal discrimination protections are narrower than in the 50 states. The EEOC San Francisco District has jurisdiction over American Samoa matters.
Required for: Federal contractors and employers with 15+ employees
Territorial Employment Notices
Beyond federal requirements, American Samoa has limited territorial-specific posting requirements compared to states like California or New York. Other Pacific territories like Guam and Northern Mariana Islands have more extensive territorial labor laws.
American Samoa Workers' Compensation Notice
Employers with workers' compensation coverage must notify employees of their rights and the carrier's information.
Required information:
- Insurance carrier name and address
- Policy number
- How to report workplace injuries
Required for: Employers with workers' compensation coverage
Government Employment Notices
American Samoa Government employers follow Civil Service Rules under American Samoa Code Annotated Title 7, Chapter 8. These rules require:
- Merit-based hiring notices
- Equal pay for substantially equal work disclosures
- Grievance procedure information
Required for: American Samoa Government employers only
Special Considerations: Tuna Industry
The tuna canning industry represents 42% of American Samoa's GDP and employs approximately 14% of the workforce. StarKist Samoa, the only remaining cannery, employs about 2,439 hourly workers.
Fish Canning Industry Wage Requirements
Employers in fish canning, processing, and can manufacturing must:
- Post the correct industry rate: $6.36/hr (2026) or $6.76/hr (after Sept 2027)
- Display bilingual poster: English and Samoan versions required
- Maintain accurate records: Industry classification must match DOL determination
GAO Monitoring
The U.S. Government Accountability Office conducts ongoing reviews of minimum wage impacts on American Samoa's economy, particularly the tuna industry. Any changes to the wage increase schedule could affect poster requirements.
Employment Discrimination Protections
American Samoa has more limited employment discrimination protections than mainland states.
Federal Protections That Apply
- Age Discrimination in Employment Act (ADEA): Protects workers 40+ from age discrimination
- Americans with Disabilities Act (ADA): Applies to employers with 15+ employees
- Equal Pay Act: Requires equal pay for equal work regardless of sex
- Pregnancy Discrimination: Administrative rules protect pregnancy-related conditions
Limited Title VII Coverage
Unlike the 50 states, Title VII of the Civil Rights Act does not fully apply in American Samoa. This means:
- Private employers may have fewer anti-discrimination obligations
- EEOC enforcement is limited to certain categories
- Federal employees and contractors receive broader protections
The EEOC maintains jurisdiction through its San Francisco District Office for applicable cases.
Filing Deadlines
For complaints under laws that do apply:
- EEOC matters: Contact Honolulu office at (808) 541-3120
- Wage violations: File with DOL Wage and Hour Division
Overtime and Work Hour Requirements
American Samoa follows federal overtime rules under the FLSA:
- Overtime rate: 1.5x regular pay after 40 hours/week
- Daily overtime: Not required (unlike USVI)
- Punitive damages: Available for willful wage violations
Exempt Employees
Standard federal exemptions apply:
- Executive, administrative, and professional employees
- Outside sales employees
- Computer professionals meeting salary thresholds
Penalties and Enforcement
Minimum Wage Violations
The DOL Wage and Hour Division enforces minimum wage requirements in American Samoa:
| Violation Type | Penalty |
|---|---|
| Unpaid minimum wage | Back wages + liquidated damages |
| Willful violation | Additional punitive damages |
| Child labor violation | Up to $11,000 per worker |
| Child labor causing injury/death | Up to $100,000 (double for repeated) |
OSHA Violations
Federal OSHA penalty structure applies:
| Violation Type | Maximum Penalty |
|---|---|
| Serious | $16,131 per violation |
| Willful/Repeated | $161,323 per violation |
| Posting violation | $16,131 |
Enforcement Challenges
Due to American Samoa's remote location (over 2,500 miles from Hawaii), federal enforcement resources are limited. The Honolulu offices handle American Samoa matters, with site visits requiring significant travel logistics.
Compliance tip: The limited enforcement presence does not reduce legal obligations. Wage theft claims and OSHA complaints are still processed through normal federal channels.
Remote Worker Considerations
American Samoa's economy structure makes remote work less common than mainland jurisdictions. The territory lacks:
- Explicit territorial electronic posting rules
- Digital poster authorization
- Remote worker specific guidance
Practical Application
Given the territory's:
- Limited broadband infrastructure
- Concentration of employment in physical industries (tuna processing, government, retail)
- Small geographic footprint
Most employers will continue physical workplace posting. For the rare remote work arrangements, follow federal DOL guidance on electronic distribution.
2026 Compliance Checklist
Use this checklist to verify your American Samoa workplace meets all poster requirements:
Federal Posters
- American Samoa FLSA/Minimum Wage Poster (bilingual - correct industry rate)
- OSHA "Job Safety and Health" Poster
- FMLA Poster (if 50+ employees)
- EPPA Poster
- USERRA Poster
- EEO Poster (if applicable)
Territorial Requirements
- Workers' Compensation Notice (with carrier information)
Industry Verification
- Confirm correct industry classification with DOL
- Post minimum wage matching your industry classification
- Update posters after September 30, 2027 increase
Recordkeeping
- Maintain age records for workers under 19
- Keep accurate time and pay records
- Document industry classification determination
Frequently Asked Questions
What minimum wage do I post if my business spans multiple industries?
The DOL determines your primary industry classification. Contact the Honolulu Wage and Hour office at (808) 541-1361 to confirm your classification. Post the rate for your primary industry.
When is the next minimum wage increase?
September 30, 2027. All industries will increase by $0.40/hr. Several industries (shipping, finance, petroleum) will reach the federal $7.25 rate.
Do I need posters in Samoan?
Yes. The official American Samoa minimum wage poster is bilingual (English and Samoan). Download from DOL.gov.
Does federal OSHA apply to American Samoa?
Yes. American Samoa does not have its own territorial OSHA program. Federal OSHA directly covers all private sector employers. Contact the Honolulu office for assistance.
Are there local minimum wages like in mainland cities?
No. American Samoa does not have separate municipal minimum wages. The territorial industry-specific rates are the only minimums that apply.
Why are American Samoa wages lower than the federal minimum?
The Fair Minimum Wage Act of 2007 created a phased approach to raising American Samoa wages, acknowledging the territory's unique economic conditions. A GAO study found that immediate jumps to federal minimum wage could cause significant job losses in the tuna industry.
Additional Resources
Federal Agencies
Territory Resources
- American Samoa Government Jobs
- American Samoa Bar Association - Employment Law
- American Samoa Department of Human Resources
Legal References
Need help staying compliant across all 56 U.S. jurisdictions? Explore our compliance solutions or view all state requirements. See also: Puerto Rico | Guam | US Virgin Islands | Northern Mariana Islands