3/17/18
Understanding when Federal Employments Laws May Apply
Fair Labor Standards Act, 29 U.S.C. §§ 201-219
¨ Establishes employment requirements for minimum wage, overtime compensations and child labor
¨ Establishes class of “exempt” employees – executive, administrative, or professional employees
¨ Note: Silent on applicability to Indian tribes = may apply
Understanding when Federal Employments Laws May Apply
Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (cont.)
¨ LEO not entitled to protections because tribal law enforcement is traditional governmental function. Snyder v. Navajo Nation , 371 F.3d 658 (9th Cir. 2004) ¨ Tribal member owned smoke shop on Indian trust lands subject to FLSA. Chao v.
Matheson, 563 F.3d 425 (9th Cir. 2009) (9 th Cir. 2009) ¤ Court made note of “purely commercial” nature of business ¤ Sold goods to non-Indians ¤ Employed non-Indians
¨ In case involving tribal consortium charged with protecting native game and fishing rights, court opted to not apply FLSA as a matter of “comity” and “sovereignty” since FLSA would not apply to local governments. Reich v. Great Lakes Indian Fish and Wildlife Commission , 4 F3d 490 (7th Cir. 1993)
7
Made with FlippingBook - Online Brochure Maker