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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12494
Experience:  Significant experience in all areas of employment law.
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Do the CA. labor regulations cover Indian Casino employees

Customer Question

do the CA. labor regulations cover Indian Casino employees and their pay checks?
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Part time
JA: Anything else you want the lawyer to know before I connect you?
Customer: The 'Casino' manager (CM) refuses to give me my pay check which should have been given to me Tuesday.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you.

Unfortunately, no, the California labor code has been held not to apply to employees who work on Indian reservations as Indian reservations are sovereign lands. However, the federal Fair Labor Standards Act HAS been held to apply. The FLSA is less favorable to employees as it does not provide for certain penalties for the non-payment of wages that are available under the CA labor code. However, since the FLSA applies you can file a wage claim with the Department of Labor--that's the FEDERAL Department of Labor, not California's Department of Labor Standards Enforcement where you would file a wage claim based on a violation of CA law. The federal DOL will investigate and issue an award for your unpaid wages. You can initiate the process here.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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