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Case Law • Tribal law prohibiting union membership as a condition of employment did not violate NLRA. The tribe has sovereign authority to govern its own territory. • NLRB v. Pueblo of San Juan , 276 F.3d 1187 (10 th Cir. 2002) • NLRA applies to casino wholly owned and operated by a tribe on the tribal reservation because the operation of a casino is not an exercise of self-governance or a governmental function • San Manuel Indian Bingo and Casino v. NLRB , 475 F.3d 1306 (D.C. Cir. Feb 2007), reh’g enbanc denied (D.C. Cir., June 8, 2007)
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Family Medical Leave Act
• Employers with 50+ employees must provide 12 weeks of unpaid leave in a year for family and medical reasons • Eligibility • Employed 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 • Tribes not specifically mentioned • DOL position that FMLA applies to Tribes • 2020 – Extended Family Medical Leave Act
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