Snyder v. Navajo Nation

371 F.3d 658, 9 Wage & Hour Cas.2d (BNA) 1190, 2004 U.S. App. LEXIS 11425, 2004 WL 1277031
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 10, 2004
DocketNos. 02-16632, 03-15395
StatusPublished
Cited by1 cases

This text of 371 F.3d 658 (Snyder v. Navajo Nation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Snyder v. Navajo Nation, 371 F.3d 658, 9 Wage & Hour Cas.2d (BNA) 1190, 2004 U.S. App. LEXIS 11425, 2004 WL 1277031 (9th Cir. 2004).

Opinion

SCHROEDER, Chief Judge:

Appellants in these consolidated appeals are law enforcement officers of the Navajo Nation Division of Public Safety (“DPS”) who filed actions against both the Navajo Nation and the United States claiming violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219. The district court dismissed the claims against the Navajo Nation, holding that law enforcement was an intramural matter within the meaning of Donovan v. Coeur d’Alene Tribal Farm, 751 F.2d 1113 (9th Cir.1985), and that the FLSA therefore did not apply to plaintiff law enforcement officers. The court also dismissed the claims against the United States. The tribal law enforcement officers appeal both dismissals. We affirm.

The FLSA establishes various employee protections and employment standards including premium pay for overtime work. Appellants claim the tribe and United States are in violation of this act because Appellants are regularly required to work overtime and the tribe makes only delayed, sporadic and partial payments for overtime. Appellants also assert that they should receive the same compensation as law enforcement officers employed by the Bureau of Indian Affairs (“BIA”) who do similar work.

Claims Against the Tribe

The FLSA is a statute of general applicability. Rutherford Food Corp. v. McComb, 331 U.S. 722, 727, 67 S.Ct. 1473, 91 L.Ed. 1772 (1947). Such generally applicable statutes typically apply to Indian tribes. Fed. Power Comm’n v. Tuscarora Indian Nation, 362 U.S. 99, 116, 80 S.Ct. 543, 4 L.Ed.2d 584 (1960). There is an exemption, however, where the law would interfere with tribal self-government. The exemption protects “exclusive rights of self-governance in purely intramural matters.” Coeur d’Alene Tribal Farm, 751 F.2d at 1116; EEOC v. Karuk Tribe Housing Auth., 260 F.3d 1071, 1078 (9th Cir.2001) (hereinafter “Karuk”); See also EEOC v. Fond du Lac Heavy Equipment and Construction Co., Inc., 986 F.2d 246, 249-51 (8th Cir.1993) (holding that the ADEA was not applicable because the tribe’s right of self-government would be affected in the intramural matter of on reservation tribal employment); Nero v. Cherokee Nation of Okla., 892 F.2d 1457, 1463 (10th Cir.1989) (holding that race discrimination statutes did not apply to a tribe’s designation of tribal membership criteria).

In Coeur d’Alene Tribal Farm, we explained that the tribal self-government exception applied to intramural matters and we specifically mentioned, as examples, conditions of tribal membership, inheritance rules, and domestic relations. 751 F.2d at 1116. In Karuk, we followed Co-eur d’Alene Tribal Farm and held that the employment of a tribal member, by the tribe’s housing authority, on the reserva[661]*661tion was an intramural matter and that federal age discrimination statutes did not apply. 260 F.3d at 1079-80. While we have not cabined the intramural exception to those listed in Coeur d’Alene Tribal Farm, we have been careful to allow such exemptions only in those rare circumstances where the immediate ramifications of the conduct are felt primarily within the reservation by members of the tribe and where self-government is clearly implicated.

In NLRB v. Chapa De Indian Health Program, Inc., 316 F.3d 995 (9th Cir.2003) (hereinafter “Chapa De ”), we considered whether the National Labor Relations Act applied to tribes and tribal organizations. Id. at 998. We determined that a financially independent, nonprofit tribal organization, which contracted to provide services to the tribe as well as others, and operated outside a reservation, was not exempt. Id. at 1000. Chapa De recognized that despite the relationship between self-government and health services, the commercial nature of the labor relations involved left the activity outside the ambit of the intramural matters exception. Id. at 999-1000. There, as have other circuits, we were careful to distinguish between what is a governmental function and what is primarily a commercial one. Id.; Reich v. Mashantucket Sand & Gravel, 95 F.3d 174, 180-81 (2d Cir.1996).

In this case we are concerned with employees hired to enforce the law. The Navajo Nation’s DPS maintains law and order within the reservation and this is a traditional governmental function. The FLSA contains an express exemption for state and local law-enforcement officers. 29 U.S.C. §§ 207(k), 207(o). Tribal law enforcement clearly is a part of tribal government and is for that reason an appropriate activity to exempt as intramural. See Reich v. Great Lakes Indian Fish and Wildlife Comm’n, 4 F.3d 490, 492-94 (7th Cir.1993) (noting that state and local police have no federal entitlement to time and a half for overtime and that Congressional failure to include tribal or Indian police in the exemption was likely a mere oversight).

Appellants argue that these officers’ activities are not intramural because they are not performed exclusively on the reservation. Appellants claim that incidental contacts and travel off the reservation preclude application of the intramural affairs exception. They rely, for example, on officers’ visits with law enforcement agencies in the states the reservation borders.

There is no question that tribal officers travel off the reservation to assist other agencies engaging in investigation of crimes that affect the reservation and Navajo citizens. The FBI, United States Attorney’s Offices, and federal court-houses to which DPS officers travel are necessarily located off the reservation.

Wdien officers travel to provide information or to testify in such locations, however, they do so because of a crime that occurred on the reservation or directly affected the interests of the tribal community. Thus, such services performed off-reservation nevertheless relate primarily to tribal self-government and remain part of exempt intramural activities. Such travel does not relate to any non-government purpose. Nor does it provide primary benefits to persons with no interest or stake in tribal government. See, e.g., Chapa De, 316 F.3d at 999-1000. Indeed, none of the officers’ official travel is aimed at benefiting any private organization or nonmember. Employed by an arm of the tribal government, officers serve the tribe’s governmental need for law enforcement to promote the welfare of the tribe and its members.

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371 F.3d 658, 9 Wage & Hour Cas.2d (BNA) 1190, 2004 U.S. App. LEXIS 11425, 2004 WL 1277031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snyder-v-navajo-nation-ca9-2004.