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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