Employee Immunity Challenged by Court
Yesterday the United States Supreme Court ruled against tribal interests in the employee sovereign immunity decision titled Lewis v. Clarke. Recall that Mr. Clarke [...]
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 or jurisdiction over the tribal [...]
Consent After Dollar General
Last month the United States Supreme Court Court heard arguments in the tragic case titled Dollar General v. Mississippi Band of Choctaw Indians. In [...]
Preference Policy Best Practices
The use of preference in tribal employment is a widespread practice which incorporates many policy variations. There are at least three elements to a [...]
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 awaited judgment reaffirming the legality [...]
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 answer to another question: Has [...]
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 it did, could 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 give employees an opportunity to [...]
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 hostility in the workplace. Hostile [...]
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 get you sued. Can employers [...]