Rights of Non-Native Workers at Indian Casinos
Because of complex jurisdictional issues, non-Native employees of Indian casinos face some confusion about what rights they enjoy as employees of the tribe.
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The Role of the Tribe
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Each tribe is empowered to negotiate a gaming compact with their state government under the Indian Gaming Regulatory Act (IGRA) to negotiate the terms under which they can operate Class III gaming (the IGRA defines Class III games broadly, including slot machines, blackjack, craps, and roulette). Part of the negotiation process includes disclosure of wages and employment policies for casino employees.
Your Employment Contract
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Paperwork you sign when you begin your employment with a Native-owned casino will usually have language explaining the process for labor disputes and alerting you to what your rights are. The tribe's website will include any tribal laws passed addressing employee rights and may point you to judicial processes in place for tribal employees to exercise their rights.
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Tribe, Then State
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As a non-Native worker, you likely live off the reservation and are a resident of the local state. Generally, if you have a problem or complaint, you will need to exercise your rights within the tribal system before you seek remedy through the state (either by filing a suit in the state court system or by appealing to a state agency).
Ask an Attorney
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Issues involving Indian land and jurisdiction are complex and seeking the counsel of an attorney who is skilled in these issues if you feel your rights are being violated can be prudent.
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References
- Photo Credit Casino image by Sergii Shalimov from Fotolia.com
