Monday, July 21, 2014

Do I Have Workplace Rights If I Work In An Indian Casino?

An AOL Jobs reader asked:
I work security at an Indian Casino in California. I'm not sure how state overtime laws apply to Indian Casinos, but my workplace requires me to arrive early, get in uniform and clock in before I'm scheduled to start (no more than seven minutes prior to start). And if we're more than one minute late, we're penalized. What can be done?
I get questions about liability of tribal casinos a lot because my office is just a few miles from a major one here in Florida. In general, Native American reservations are considered to be on sovereign soil, and therefore the tribes are usually not subject to U.S. employment laws. The tribes have sovereign immunity, the same as if they were a foreign country. Tribes can waive sovereign immunity in contracts, so if you have an employment contract it's possible, but not very likely, that you have a waiver of immunity in your contract.

To find out what laws might protect you if you work for a Native American tribe, read my article Do I Have Workplace Rights If I Work In An Indian Casino?

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I appreciate your comments and general questions but this isn't the place to ask confidential legal questions. If you need an employee-side employment lawyer, try http://exchange.nela.org/findalawyer to locate one in your state.