7/29/20
Workers’ Compensation Laws
• Generally – State labor and employment laws not applicable to employers operating solely on a reservation • California v. Cabazon Band of Mission Indians , 480 U.S. 202 (1987) • Except …. • 40 USC § 290 provides state authority to apply workers’ compensation laws to all lands owned or held by the US with a state • So … State workers’ compensation laws may apply • Other factors
• Gaming Compacts • Other documents
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Take Away • Failure to include or exclude tribes does not make law inapplicable • Ownership and structure matters • Purpose/intent matters • Internal tribal issue • Treaty Rights involved • Traditional governmental role • Structure matters • Applicability based upon other factors • Constitution • Other law • MOU/MOA • Compacts
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