Articles

Performance Reviews?

Should employers suspend performance evaluations in 2020 because of COVID? Answer:  No.  That is my answer but others disagree. In a recent Wall Street Journal article titled Pandemic Produces a Kinder, Gentler Performance Review, the question presented was whether performance [...]

HR Professional Virtues

As human resources professionals there is a significant range of skills, talents, attributes and virtues needed to navigate the myriad workplace challenges.  On the subject of virtues required for human resources professionals, the following article appeared in the Employment & [...]

NNAHRA Conference

The NNAHRA Conference is a little more than a month away and I look forward to being both a speaker and a participant at a fantastic virtual conference.  The conference agenda includes a really smart mix of COVID related practical [...]

A Preference Challenge

Whether preferring a Native person over a non-Native person is an unlawful use of race was settled over 40 years ago in Morton v. Mancari when the United States Supreme Court declared that choosing a Native person in hiring was not based [...]

Is BYOD a good idea?

Human Resource professionals toss around acronyms which shorten conversations about laws, best practices and hardware.  In this example, the BYOD acronym references hardware, which is short for Bring Your Own Device.  In other words, employees already own sophisticated mobile [...]

Leadership

There are relevant questions of leadership in the news everyday.  Tribal leaders and powerful citizen voices are challenging the status quo at the DAPL, President Obama is passing the baton to a new group and the human resources team is [...]

Leadership

Lots of people like the convenience, selection and efficiency of buying things from Amazon.  You know Amazon, the Seattle based company not the rainforest near the equator filled with snakes and bugs. Tribal Human Resources is in the business [...]

Managing FMLA

Whether the Family & Medical Leave Act applies to tribal employers is an open question, but if a tribal employer applies the law, or adopts a law or policy which is similar to the FMLA, here are some management recommendations [...]

FMLA Recommendations

I like a blog called FMLA Insights published by the law firm Franczek Redelet and a recent post included recommendations for reviewing an employer's FMLA practices. Some of the following is based on recommendations from that blog. Employers should evaluate [...]

Meal Periods

A Fair Labor Standards Act case involving angry prison guards reminds me of a dispute in the courts regarding the correct rule to apply in determining whether employers are required to pay employees for meal periods.  Remember whether the [...]

What is an FLSA self-audit?

Last week's newsletter addressed whether employers may deduct from discretionary leave banks (PTO) for the partial day absences of exempt employees.  To continue that conversation, this week's newsletter provides a self-audit tool to evaluate whether an employee is exempt. [...]