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FMLA and FLSA in the Tribal Workplace


 

The Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) are the two most popular topics in employment law. The popularity stems from the broad impact of these interesting and complex laws to the entire workforce. Because the laws are complex on paper and in practice, the application of these rules deserves extra attention by tribal employers.

Whether these laws apply to tribal employers is an open question that will be addressed. As their applicability to tribes is an open question, insight on applicability is critical to minimizing employer risk and liability.

Outside the tribal context, employers have experienced costly class action suits for alleged failure to follow these complex rules. Tribes are experiencing claims under both the FLSA and FMLA. Are you prepared?

This comprehensive class evaluates the rules through the law, regulation and policy through a Q&A format. Our expert will pose the questions and provide the answers, which are supported by the actual laws and regulations.

T O P I C S   I N C L U D E
FMLA
  • History of the law
  • Understanding the regulations
  • Who does the law apply to?
  • Applicability to tribes
  • Definitions under the law:
    • Family member
    • Parent
    • Child
    • Serious health condition
    • Exigency
    • Reinstatement
  • Types of leave:
    • Maternity/paternity
    • Serious health condition
    • Military service
  • Military caregiver leave
  • Reasons to take leave
  • Returning to work
  • 7 qualifying exigencies
  • Types of notices given:
    • From employee
    • From employer
  • Proposed policy
FLSA
  • History of the law
  • 5 laws in one
  • Understanding the key regulations
  • Minimum wage
  • Overtime rules:
    • Calculating regular rate
    • Double time myth
  • Travel time
  • Meals, breaks and idle time
  • Safe harbor provision
  • Who does the law apply to?:
    • Exemptions from overtime requirements
    • Pay test
    • Salary basis test
    • Duties test
    • Unwinding the exemption
  • Applicability to tribes
  • Proposed policy

*Topics subject to change.

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