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SOLIS v. MATHESON

No. 07-35633.

563 F.3d 425 (2009)

Hilda L. SOLIS, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. Paul MATHESON, an individual doing business as Baby Zack's Smoke Shop; Nick Matheson, an individual, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 20, 2009.

Attorney(s) appearing for the Case

Robert E. Kovacevich, Spokane, WA, for the appellants.

Jonathan L. Snare, Acting Solicitor of Labor, Steven J. Mandel, Associate Solicitor, Paul L. Frieden, Counsel for Appellate Litigation, Mary J. Rieser, Attorney, Gregory F. Jacob, Attorney (argued), Washington, D.C., for the appellee.

Before: B. FLETCHER and JOHNNIE B. RAWLINSON, Circuit Judges, and DAVID ALAN EZRA, District Judge.

EZRA, District Judge:

In this opinion we resolve whether the overtime provisions of the Fair Labor Standards Act ("FLSA") apply to a retail business located on an Indian reservation and owned by Indian tribal members. We also resolve whether Appellee the Secretary of Labor for the United States Department of Labor (the "Secretary") has the authority to enter the Indian reservation to inspect the books of that business. Finally...

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