Preference Policy Best Practices
The use of preference in tribal employment is a widespread practice which incorporates many policy variations. There are at ...
What is the news relating to tribe-specific preference?
Last week a federal court dismissed Equal Employment Opportunity Commission v. Peabody Coal and Navajo Nation in a long ...
Must tribal employers cash out vacation upon termination?
Must tribal employers pay employees for unused vacation or paid time off (PTO) upon termination? The answer depends on the ...
Are you reading the script?
Tribal employers provide an abundance of due process in the workplace. As part of that process, tribal employers frequently ...
Have you included a “Get Along With Others” policy in your handbook?
In some instances, it may not be a good idea to use the hostile work environment policy when addressing ...
Should employers promulgate a fraternization policy?
Yes. Workplace camaraderie is beneficial for employers but Friday night frat-house behavior is counterproductive, ruins office furniture and may ...
What are the fingerprints of government?
In considering whether federal employment laws apply to tribal employers, some courts are drawing a distinction between tribal government ...
Does your employee handbook include the right ingredients?
Employee handbooks serve to define employee success and failure in the workplace. Employers express their definition of success and ...
Drug and Alcohol Policy Best Practices
Tribal governments and their enterprises address the use and possession of drugs and alcohol in the workplace, and the ...
Have you reviewed your domestic violence policy?
Domestic violence is a serious problem for society and since Human Resources interacts with all aspects of society, addressing ...
What Tribal Employers Should Know About Defamation?
Tribal employers should be aware of the potential for defamation claims from both the perspective of the tribal employer ...
Should tribal employers require employees to consent to tribal rules?
Yes. The courts have made it more difficult for tribal employers to require employees to follow the rules. To ...
Are there bullies in your workplace?
If the world wide web provides realistic feedback, one of three employees have been bullied by other employees and ...
Is BYOD a good idea?
Human Resource professionals toss around acronyms which shorten conversations about laws, best practices and hardware. In this example, the ...
Which is better…at-will or for cause?
In representing tribes and enterprises in court, the issue of at-will employment is frequently a factor in my cases ...
Can a state worker’s compensation court hear a dispute involving an injury incurred by a worker while assisting with the expansion of an on-reservation casino?
Recently, the Minnesota Supreme Court said that Minnesota worker's compensation courts have the power (jurisdiction) to hear disputes when ...
Do nonunion employees possess Weingarten rights?
Weingarten is a city in southern Germany, a famous piano player, and a grocery store dispute generating a 1975 ...
What are your answers to 18 questions regarding termination?
As a human resources employee, tribal council member or department director, have you witnessed an employee termination and thought ...
Should tribal employers define what is contained in a personnel file?
Yes. Defining the required contents of personnel files is beneficial to tribal employers for numerous reasons. First, by defining ...
Personal Conduct Policy
When employers define workplace rules through employee handbooks and policy manuals there are some rules included which reach beyond ...