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Federal Labor Laws That Apply to Native Casinos

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    • Most federal labor laws apply to tribal casinos.casino image by Valery Sibrikov from Fotolia.com

      Native American tribal casinos sometimes get excluded from federal laws because the casinos fall under Indian Tribal Government laws. But most federal labor laws do apply to casinos run by the tribes. To keep up to date, tribal employers should carefully review these laws and ensure that all policies and procedures as well as tribal laws and regulations offer similar solutions to workplace issues.

    Fair Labor Standards Act

    • The Fair Labor Standards Act (FLSA) sets employment requirements for wages, overtime compensation and child labor. Native American casinos that make at least $500,000 in annual sales and employ two or more employees who regularly handle interstate commerce must follow FLSA. Interstate commerce includes producing, packing and warehousing for interstate commerce or handling or selling products originating out of state.

      Regarding overtime compensation, FLSA requires an employer to pay one and a half times an employee's regular pay rate if he works more than 40 hours in a work week. Even if the employee works overtime without approval from the employer, overtime pay must be paid. Regarding child labor, employers cannot hire children until they reach 14 years of age, with restrictions on what they can and cannot do until they reach 18 years of age.

    Family and Medical Leave Act

    • Under the Family and Medical Leave Act (FMLA), Native American casinos with 50 or more employees need to provide eligible employees with up to 12 weeks per year of unpaid family and medical leave for a birth, an adoption or the placement of a child in foster care. FMLA also applies to the care of a seriously ill child, spouse or parent and to an employee's own serious illness. Once the employee returns to work, the employer must give her the same or an equivalent position in the company.

    Employee Retirement Income Security Act

    • The Employee Retirement Income Security Act (ERISA) sets minimum standards and protects individuals using voluntarily established pension and health plans in the private industry. The law requires companies to provide full details about the plan's features and funding. ERISA also provides fiduciary responsibilities for the people who manage and control the plan's assets. A grievance and appeals process is required to give employees the right to sue for benefits and breaches in the plan and to sue the people who manage the plan.

    Age Discrimination in Employment Act

    • The Age Discrimination in Employment Act (ADEA) protects employees by prohibiting discrimination against persons aged 40 or older. The law includes discrimination in the work place as well as in hiring, promotion, assignment, pay and discharge. ADEA dos not prohibit discrimination against people under the age of 40.

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