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Understanding when Federal Employments Laws May Apply
Consolidated Omnibus Budget Reconciliation Act (COBRA), 29 U.S.C. §§ 1161 et seq . (2000) ¨ Requires continuation of health insurance coverage for up to 18 months after an employee leaves ¨ Not applicable to insurance plans maintained by tribes if tribal employees employed in traditional governmental roles ¨ Insurance plans for commercial tribal enterprises are subject to COBRA
Understanding when Federal Employments Laws May Apply
Workers’ Compensation Laws
¨ General Rule: State labor and employment laws do not apply to employers operating solely on Indian reservation. California v. Cabazon Band of Mission Indians, 480 U.S. 202, 208 (1987) ¨ Except: 40 U.S.C. § 290, provides states authority to apply workers’ comp laws to all lands owned/held by United States within a state ¨ Applied to allow for application of state workers' compensation exclusivity provisions on an Indian reservation . Begay v. Kerr-McGee Corp ., 682 F.2d 1311, 1319 (9th Cir. 1982). ¨ AZ does not apply. White Mountain Apache Tribe v. Industrial Comm’n. , 696 P.2d 223 (Ariz. 1985) (injury to tribal member on Reservation at business wholly owned by tribe)
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