Ninth Circuit Rules Fair Labor Standards Act Applies to Tribes/ Williams Kastner Indian Legal Alert

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Recently, in Solis v. Matheson, No. 07-35633, the Ninth Circuit Court of Appeals ruled that the overtime requirements of the Fair Labor Standards Act (“FLSA”) apply to a retail cigarette business owned by a tribal member and located on trust land within an Indian reservation. The Court rejected a Puyallup tribal business owner’s argument that FLSA is inapplicable under the intramural affairs and treaty rights exceptions set forth in Donovan v. Coeur d’Alene, 751 F.2d 1113, 1116 (9th Cir. 1985). This alert summarizes the decision and its ramifications.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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