Employer Liability Issues During COVID
Outside of Indian Country, an early May 2020 count revealed dozens of COVID-19 employment related lawsuits in federal courts. Eight ...
Tribal Employment News-EEOC Modifies Guidance
EEOC Re-Issues Confusing Guidance As tribal governments, casinos and other entities are reopening, there are many questions in how ...
Two Parts: (1) Furlough versus Lay-Off (2) More FMLA FAQs
The first portion of this edition of Tribal Employment News addresses the distinction between furlough, lay-off and reduction-in-force. The ...
Does the change to the FMLA apply to tribal employers?
This question requires a couple step analysis. Must tribal employers follow the FMLA? There is an argument the FMLA applies ...
Legal Update
The metaphor “drinking water out of a firehose” is meaningful to tribal leaders and their human resources team because ...
Service Animal Rules For Tribal Employers
There is an increase in the number of service and comfort or emotional support animals appearing with their companions ...
Analysis Regarding Social Media Policies
Employees have almost no rights to freedom of speech in the workplace. That statement assumes (1) there is no collective ...
What is the Uniformed Services Employment and Reemployment Rights Act?
The acronym USERRA is the shortcut label for a federal law which provides rights and benefits for employees and ...
Can unions organize your workers under federal law?
The answer is not satisfactory since there is not a clear answer. The lack of clarity in the law ...
Should tribes define employment rules through the law?
Yes. I endorse tribes promulgating employment laws for the following four reasons. First, tribes exercise sovereignty by defining the relevant ...
Independent Contractor or Employee…does it matter?
Yes, it matters. President Obama says it matters. Last year he promised increased enforcement of the rules which limit ...
What are the practical requirements of the Drug-Free Workplace Act for tribal employers?
The Drug-Free Workplace Act of 1988 (Public Law 100-690) requires that organizations receiving grants from any federal agency agree ...
NLRB Decisions
Whether the federal union law, the National Labor Relations Act (NLRA), applies to tribes is an open question without ...
Can employers use age as a factor in making employment related decisions?
Generally, the answer is no. The Age Discrimination in Employment Act of 1967 (ADEA) limits an employer's use of ...
What should you know about the federal age discrimination law?
What is the federal age discrimination law? The Age Discrimination in Employment Act or ADEA. Does the ADEA apply ...
