However, as the court discussed, where the statute is silent on its applicability to Indian tribes, the courts have acknowledged three exceptions to this general rule.Ī federal statute of general applicability that does not explicitly apply to Indian tribes will not apply to tribes if (1) the law touches exclusive rights of self-governance in purely intramural matters, (2) applying the law to the tribe would abrogate rights guaranteed by Indian treaties, or (3) there is proof by legislative history or some other means that Congress intended the law not to apply to Indians on their reservations. The court explained that 'Indians and their tribes are equally subject to statutes of general applicability, just as any other United States citizen.' Solis at *4519, citing Federal Power Comm'n v. The FLSA provisions at issue were those requiring employers to pay overtime to employees and the Secretary of Labor's authority to enter the employer's place of business to inspect its books. The Smoke Shop is located on trust land within the Puyallup Indian reservation and is owned by Paul and Nick Matheson, enrolled members of the Puyallup Indian Tribe. Matheson) addressed whether certain FLSA provisions applied to a retail store known as Baby Zack's Smoke Shop. Three Exceptions to Applicability of General Statutes to Indian Tribes The Ninth Circuit affirmed the decision of the district court on these two issues. The court further held that, because the FLSA applies to the retail business, the Secretary of Labor has the authority to enter the Indian reservation to audit the books of the business. 07-35633, that the overtime provisions of the Fair Labor Standards Act (FLSA) apply to a retail business owned by Indian tribal members and located on the Puyallup Indian reservation in Washington state. The United States Court of Appeals for the Ninth Circuit ruled on April 20 in Solis v.

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