Workers employed by tribal businesses in Wisconsin may find that their ability to appeal to federal and state laws may be hampered by the sovereign immunity granted to Native American tribes. However, U.S. courts have applied certain federal workplace standards to these sovereign workplaces in cases involving non-tribal workers. Compensation for breaches of employee rights may hinge upon the workplace waiving sovereignty. Tribal courts reportedly offer additional avenues for workers seeking to file employment claims.
Some casino workers on tribal land enjoy state protections due to contracts between states and tribes. Employees may apply to state-level authorities for remedy of unpaid overtime, wrongful termination and illegal workplace discrimination per the terms of the contract. Jurisdiction of employment claims on tribal lands is an area of the law still in dispute in many ways.
Casino workers seeking to file employment claims for denial of benefits, illegal workplace discrimination, unpaid overtime or other issues may have a difficult time finding the best forum for their appeals. In some cases, there may be several options, and it is up to the worker to choose the one most likely to fairly consider the claim. If you have been wronged by your employer, an attorney with experience handling employment law cases may be able to help build a case and submit it to the proper court system.
Source: AOL Jobs, "Do I Have Workplace Rights If I Work In An Indian Casino?", Donna Ballman, June 17, 2014