11/29/22
Case Law
• FLSA applies to business operated on tribal land and owned by tribal member • Chao v. Matheson , 2007-WL-1830738, No. C-06-5361 (W.D. Wash., June 25, 2007) • FLSA applies to tribally owned retail store on tribal land • Solis v. Matheson , 563 F.3d 425 (9 th Cir 2009) • LEO not entitled to protections because tribal law enforcement is traditional governmental function • Snyder v. Navajo Nation , 371 F.3d 658 (9 th Cir. 2004)
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National Labor Relations Act
• Authorizes unions to organize and engage in “protected concerted activity” • Prohibits employers from prohibiting exercise of rights or engaging in conduct that may have a “chilling effect” • Applies • Employers with $50,000 in annual business • Private employers operating on or near reservations • Does NOT apply to US • No express applicability or exemption for tribal governments
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