7/29/20
Does FLSA apply? • Answer: It Depends • Ownership • Tribe – probably not
• Tribal Entity – Depends – Structure/organization/purpose • Factual considerations • Generalized exceptions • Application of other law • Tribal Constitution • Indian Civil Rights Act • Ordinances
• Gaming compacts • Various documents
• Employment applications • Letters of employment • Employment contracts • MOU/MOA with agencies that require compliance in exchange for funding
• Tribal Custom/Tradition
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National Labor Relations Act
• Authorizes unions to organize and engage in “protected concerted activity” • Prohibits employers from prohibiting exercise of rights or engaging in conduct that may have a “chilling effect” • Applies • Employers with $50,000 in annual business • Private employers operating on or near reservations • Does NOT apply to US • No express applicability or exemption for tribal governments
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