Should tribal employers use arrest and conviction records in hiring and retention decisions?
Yes. Due diligence in hiring and retaining good employees is consistent with sound managerial and legal practices. Criminal background ...
Will the recent U.S. Supreme Court decisions impact tribal employers?
Yes. Let's discuss three United States Supreme Court decisions which generated lots of press and may have an impact ...
Managing FMLA
Whether the Family & Medical Leave Act applies to tribal employers is an open question, but if a tribal ...
FMLA Recommendations
I like a blog called FMLA Insights published by the law firm Franczek Redelet and a recent post included recommendations ...
What’s up with the FMLA?
The Family and Medical Leave Act is a difficult law to apply for any employer and the complexity increases ...
Controlling FMLA Abuse
Most employees using the myriad benefits of the Family & Medical Leave Act are honest, deserving and exercising good ...
Should Employees Work While Out on FMLA?
No. If tribal employers follow the Family & Medical Leave Act (FMLA) or meet its minimum standards, does it ...
Do employees lose ground when they take time off for childbirth?
When female employees take time off to recover from giving birth to a child and bonding with the newborn, ...
Does the FMLA extend job protected leave for the care of an employee’s adult child?
Under a recent Department of Labor interpretation of the Family and Medical Leave Act, the DOL interpreted the law ...
Can employers make partial day deductions from discretionary benefits due exempt employees?
The Fair Labor Standards Acts is a federal overtime law which may, or may not, apply to tribal employers. ...
Should non-exempt employees be issued cell phones by their employers?
The short answer for many employers is no. No is not the only answer but it should be a ...
Meal Periods
A Fair Labor Standards Act case involving angry prison guards reminds me of a dispute in the courts regarding ...
Are the tribal government and casino one employer or two for overtime purposes?
Under the Fair Labor Standards Act, if an employee works 36 hours a week for the tribal government, the ...
Must interns be paid?
In the summer, tribal employers give interns a chance to expand their skills and understand the important work of ...
Non-exempt and exempt: What do these terms mean and why does it matter?
In eight months the way tribal employers pay their workers will likely change because of a change in the ...
Under the law, are employees entitled to double time or triple time when they work on the weekend or during holidays?
No. An overview of an employer's overtime practices almost always raises a question regarding premium pay and here is ...
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 ...
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 ...
