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Preemption’s Silver Lining: The NLRA Offers California Tribes a Shield Against State Labor Protections

For over 20 years, the State of California has used tribal gaming compacts to accomplish what federal law and tribal sovereignty would otherwise forbid: forcing tribes to follow state labor law in their casinos.  Recently...more

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor...more

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