Perhaps more importantly, anyone can read the discussions on Avvo so they are not confidential. Avvo works best for short, specific questions that allow for short, specific answers. The Avvo board is not set up to handle the kind of detailed analysis that is needed to offer helpful guidance. You need an assessment of the specific facts. Realistically, you will have to bring your issue to one or more experienced employment law attorneys with whom you can discuss the details of your situation. And if a tribe is operating a commercial enterprise off reservation land, some laws may not apply. A tribe can waive its tribal sovereign status with respect to some areas covered by the Commerce Clause, and Congress can take certain acts to include tribes in some legal requirements. Federal anti-discrimination laws do not apply to Indian casinos. Indian tribes are exempt from all of the state laws and most of the federal laws that we generally use to protect working people. Phillips is correct – this is an unusually complicated legal issue.
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