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Case Law
• Must exhaust tribal court remedies • Sharber v. Spirit Mountain Gaming, Inc., 343 F.2d, 724 (9 th Cir. 2003) • FMLA does not abrogate tribal sovereign immunity and without a waiver in gaming compacts or by policy, the court will not infer one • Muller v. Morongo Casino Resort & Spa , ED-CV-14-02308-VAP (C.D. Cal, July 17, 2015)
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Other Federal Employment Laws
• Employee Retirement Income Security Act • Standards for voluntarily established pension or welfare-benefit plans • Not applicable to benefit plans if it covers employees in traditional governmental roles • Applicable to plans where the tribe is engaged in commercial activities • Consolidated Omnibus Budget Reconciliation Act • Requires continuation of health insurance for up to 18 months after an employee leaves • Not applicable to insurance plans maintained by tribes if employee is employed in a traditional governmental role • Applicable to plans for commercial tribal enterprises
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