Thus, even if the FLSA does apply to a Tribe, it may have immunity from a private suit for violation of the FLSA, though the courts tend to blur the two together often. There are actually two very distinct issues in that single question: (1) whether the FLSA applies to the Tribe’s business and (2) whether the Tribe has sovereign immunity with respect to the FLSA. Thus, I felt it appropriate to explore whether the FLSA applies to Native American tribes.
Naturally, I knew I just had to find a way to tie in this monumental event with my wage and hour blog. Justice McKeig descends from the White Earth Tribe Ojibwe. On Thursday, September 15, Minnesota swore in its first Native American Justice to our Supreme Court – Justice Anne K. I’m proud to have graduated from the University of Tulsa College of Law, home of the Native American Law Center. Because of TU’s deep commitment to the study of of Indian law issues, I certainly developed an appreciation to this specialized practice of law and its unique history.