3/17/18
Understanding when Federal Employments Laws May Apply
National Labor Relations Act, 29 U.S.C. §§ 141-187 (2000) (cont.) Is a solution around the corner? - Tribal Labor Sovereignty Act (S.63; H.R.986) ¨ Introduced in 2017 - Would include Indian tribes in exclusion from NLRA, in parity with existing exclusions for federal, state, and local governments ¤ In Senate, Bill has 13 co-sponsors (all Republican), including Senators McCain and Flake (AZ) ¤ In House, Bill as 32 bipartisan cosponsors ¤ Bill has created odd “bedfellows” (most R’s support and many D’s don’t) ¨ Has come close to moving in Senate, but recently was repackaged as an amendment to Senate Bill 140 (to amend the WMAT Water Rights Quantification Act of 2010), which just passed the House in January. ¨ May get attached to upcoming $1 trillion omnibus spending bill – stay tuned!
Understanding when Federal Employments Laws May Apply
Family Medical Leave Act, 29 U.S.C. §§ 2601-2654 (2000)
¨ Employers with 50+ must provide 12 weeks of unpaid leave in a year for family and medical reasons ¤ Eligible employee requirements (employed for 12 months and 1,250 hours)
¤ Birth, adoption, placement of child in foster care ¤ Care of seriously ill child, spouse or parent; or ¤ Own serious illness ¤ Return to same or equivalent position upon return
¨ Law does not specifically mention tribes – DOL takes position that the law applies to tribes, but case law MIXED (again……)
10
Made with FlippingBook - Online Brochure Maker