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Understanding when Federal Employments Laws May Apply
Family Medical Leave Act, 29 U.S.C. §§ 2601-2654 (2000) (cont.) ¨ Exhaustion of tribal court remedies required. Sharber v. Spirit Mountain Gaming, Inc ., 343 F.2d, 724 (9 th Cir. 2003) ¨ Tribe has sovereign immunity from suit that is not abrogated by FMLA. Likewise, gaming compacts and tribes policies did not waive immunity, so none would be inferred. Muller v. Morongo Casino Resort & Spa, ED-CV-14-02308-VAP (KK)(C.D. Cal., July 17, 2015)
¨ Tribes may want to enact own FMLA
Understanding when Federal Employments Laws May Apply
Occupational Safety and Health Administration Act of 1970 (OSHA), 29 U.S.C. § 651, et seq . ¨ Under the OSHA, employers are responsible for providing a safe and healthful workplace for their workers ¨ OSHA is silent as to Indian tribes = may apply ¨ OSHA takes position Act applicable to tribes, subject to exception for “purely intramural matters”, violation of treaty or proof in legislative history not applicable ¨ OSHA applied to tribal farm wholly owned and operated by tribe. Donovan v. Coeur d’ Alene Tribal Farm, 751 F.2d 1113 (9 th Cir. 1985).
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