Shelby Stoner has published “Application of Federal Employment and Labor Laws in Indian Country” in the new edition of Indian Law Newsletter. An excerpt:
Do federal employment and labor laws apply to federally recognized Tribes operating on their own reservations? The answer to this question is convoluted. For many years, federal courts have grappled with whether federal employment and labor laws apply in Indian country. And even when courts have spoken on the subject, their conclusions that certain federal laws apply on reservations rest on a shaky legal foundation that disregards Tribal sovereign immunity and longstanding Indian law canons, at least in the Ninth Circuit. As a result, Tribal governments are forced to guess whether their economic and governmental activities are subject to federal employment laws or not, and if so, which ones. This article summarizes the framework adopted by the Ninth Circuit to determine when federal employment statutes of general applicability apply to federally recognized Tribes. The article further seeks to clarify when Tribes should comply with federal employment laws under Ninth Circuit precedent. This will depend on the federal statute at issue, the type of business operated by the Tribe, any relevant treaties, and even the particular court hearing the case.
Shelby Stoner is Of Counsel with Galanda Broadman, where she leads the strategy and execution of complex, high-impact cases involving tribal law, Indigenous rights and other civil rights matters, labor and employment, land and environmental issues, and appellate litigation.
