Do tribal casinos have to follow labor laws?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption