Do tribal casinos have to follow labor laws?

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Do tribal casinos have to follow labor laws?

I have family members that work at a casino. They are required to punch in 7 minutes before their shift and the clock rounds up or down in 15 minute increments. They are often not given their 10 minute breaks or their lunch break. They have been told no when they have asked to leave their station to use the restroom.

Asked on December 15, 2012 under Employment Labor Law, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

State laws do not have any impact on Tribal run Casinos.  Additionally Indian tribes are expressly excluded from the definition of “employer” under Federal law. However, the following federal laws have been found applicable to tribal employers: Fair Labor Standards Act (FLSA), National Labor Relations Act (NLRA), Family and Medical Leave Act (FMLA), Employee Retirement Income Security Act (ERISA) and Age Discrimination in Employment Act (ADEA). So if we can squeeze in under one of these headings you may ahve a case.  Seek consultation in your area.  Good luck.


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