[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
(a) 
The authority for the establishment of Labor Standards is taken pursuant to the Tribe's sovereign status; the Tribal Constitution, adopted pursuant to the Indian Reorganization Act, Section 16 (48 Stat. 984); the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et. seq.; the Revenue Allocation Ordinance adopted by the GTB and approved by the Secretary of the Interior pursuant to the authority contained in the IGRA [18 G.T.B.C. Chapter 16]; and the compact between the Grand Traverse Band of Ottawa and Chippewa Indians and the State of Michigan [see Appendix to this title]; and
(b) 
The application of general federal statutes to Indian tribes and tribal organizations covering labor relations is currently in dispute with a conflict among the 7th, 8th, 9th and 10th Circuit Courts of Appeal. The 6th Circuit Court of Appeals has not directly addressed the issue; and
(c) 
The EDC recognizes the interests promoted by both the policy of tribal sovereignty and the policy of labor standards adopted by the federal government.
(d) 
The Tribe hereby creates and establishes the following Labor Standards for all gaming operations of the EDC.
[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
The casino, restaurant, lodging and administration divisions of the EDC shall pay 1 1/2 times the employee's regular rate for hours worked in a work week beyond 40 hours.
[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
A work week consists of seven consecutive twenty-four-hour periods, i.e., 168 consecutive hours, designated by the business needs of the respective divisions of the EDC.
[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
All regular hourly employees in a non-supervisor position shall be covered by § 1502.
[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
(a) 
All executive, administrative, and professional employees of EDC gaming operations are exempt from overtime payment requirements.
(b) 
Executive employees have a primary management duty and regularly direct the work of two or more employees or have the authority to hire, fire, or promote employees.
(c) 
Administrative employees do office work or non-manual work directly related to management operations.
(d) 
Professional employees do work that requires advanced training.
[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
(a) 
The EDC shall comply with the minimum and maximum wage set by the Tribal Council.
(b) 
The current minimum wage [March 1996] is $6/hour for positions not eligible for participation in the tip pool.
(c) 
For positions eligible for participation in the tip pool, the minimum wage is $2/hour.
(d) 
The maximum wage is a multiple of 5.5 times the minimum wage of $6/hour.
[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
Division managers shall develop appropriate chain of command policies for the authorization of overtime.
[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
For employees who participate in the tip pool, overtime compensation rates shall be calculated from the employee's base rate prior to adding in the tip pool.
[History: Gaming Code adopted by Tribal Council on October 1, 1993, as amended by Tribal Council on April 22, 1997, and as amended by Tribal Act #98-16.635, enacted by Tribal Council in Special Session on August 31, 1998.]
(a) 
The division managers shall comply with the procedures established by the Accounting Department to comply with recordkeeping.
(b) 
Enforcement shall be the responsibility of the EDC which may delegate this responsibility to a "labor specialist" familiar with the federal and state policy on labor matters.
(c) 
This delegation shall not be construed to mean that federal or state labor laws apply to the EDC. However, the labor specialist may use such laws for analogical reasoning purposes.