Snyder

Snyder v. Navajo Nation

Good Law
371 F.3d 658·2004 WL 1277031·9 Wage & Hour Cas.2d (BNA) 1190·2004 U.S. App. LEXIS 11425
United States Court of Appeals for the Ninth CircuitJune 10, 2004Nos. 02-16632, 03-15395California1,683 words

Opinion

Lead Opinion

Schroeder, J.

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…

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