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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 to tribal employers? There is no single correct answer to this question.  There are arguments that the ADEA applies to tribal employers and there are arguments it does not apply.  Like the federal overtime, union, leave and safety laws, this debate will persist and each tribe should evaluate the options and make a choice which [...]

How can the tribal casino actively minimize liability to employee claims?

Is the tribal casino employer playing litigation lottery or taking the steps necessary to minimize employment related claims?  Please consider trading in the “I hope we do not get sued” philosophy for a proactive strategy in minimizing employee workplace claims.  Some of the suggestions in this list may assist in reducing liability.  In addition to the reduction of legal liability to employee claims, many of these practices, if embraced, will enhance the employee experience [...]

How to minimize risk when immunity is challenged?

Sovereign immunity protects governments from lawsuits to which the government does not consent. Tribal governments, of course, possess immunity from lawsuits unless, according to the United States, the United States is the party presenting a claim against the tribal government. Individuals who serve tribal governments as tribal officials and employees are protected by the same immunity which protects the tribal government as long as the tribal official or employee are acting within the course [...]