• 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 ...