Training Book - Level II - Mystic Lake

5/9/18

Tribal Labor Sovereignty Act Legislation to exclude Indian Tribes from the definition of employer under NLRA Tribal sovereignty v. workers rights Obama Administration’s Statement of Administrative Policy: If tribes are going to be exempted than tribes must adopt labor standards reasonably equivalent to NLRA. Future uncertain

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 ◦ 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 position that the law applies to tribes ◦ Eligible employee requirements ◦ employed for 12 months and 1,250 hours

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