• NNAHRA Plus Fall Training

    NNAHRA I have the privilege of working with the dedicated NNAHRA team this week in preparation for the NNAHRA Conference ...

  • 101 Things Everyone Needs to Know About Tribal Employment

    101 Things is my most popular training sessions.  The written materials are now updated with significantly more detail and analysis. ...

  • NNAHRA Conference

    The NNAHRA Conference is a little more than a month away and I look forward to being both a speaker ...

  • FMLA FORMS CHANGE

    Whether the Family & Medical Leave Act applies to tribes is an open question with an argument that it applies ...

  • Drafting Tribal Employment Laws & Handbooks was recently published and is available at Amazon, Barnes & Noble, Xlibris and wherever you purchase books.

    Drafting Tribal Employment Laws & Handbooks is a practical guide to drafting comprehensive tribal employment laws and the policies included in ...

  • Gratitude & Opportunities

    A thank you, a book, investigations, hearings and more articles. First and foremost, I continue to be exceedingly grateful to ...

  • 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 Employer Reopen Policies

    Tribal employers are confronted with the difficult decision of inviting employees back to the tribal workplace to provide the needed ...

  • Three Questions Returning Employees

    In this edition three questions are addressed which are relevant to employees returning to work for tribal governments, casinos and ...

  • 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 ...

  • Will your handbook disclaimer be enough?

    In a recent state court decision the court evaluated whether the employer's employee handbook created an implied contract, and if ...

  • 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 ...

  • A Preference Challenge

    Whether preferring a Native person over a non-Native person is an unlawful use of race was settled over 40 years ...

  • 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 ...

  • Employee Immunity Challenged by Court

    Yesterday the United States Supreme Court ruled against tribal interests in the employee sovereign immunity decision titled Lewis v. ...

  • Do tribal employers have control over the immunity of tribal officials and employees?

    Yes. Immunity is a defense to a lawsuit wherein the tribal government asserts that the court does not possess power ...

  • Consent After Dollar General

    Last month the United States Supreme Court Court heard arguments in the tragic case titled Dollar General v. Mississippi ...