In Lobo, Suarez v. Miccosukee Tribe of Indians of Florida, the U.S. Court of Appeals for the Eleventh Circuit upheld a district court ruling that the tribe was immune from suit for allegedly violating the Fair Labor Standards Act. The plaintiffs argued that the FLSA is a statute of general applicability that applies to Indian tribes.
The Court said that even though an Act may apply to tribes, a tribe is not subject to suit unless the tribe waives its immunity or Congress expressly abrogates it. Citing Florida Paraplegic Association Inc. v. Miccosukee Tribe, the court said that “whether or not a tribe may be subject to a statute and whether or not a tribe may be sued for violating the statute are two entirely different questions.” A copy of the case is available at Turtle Talk.
