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Employment Law for Tribes and Tribal
Organizations



 

Understanding employment law is fundamental to human resources, but knowing how these laws apply to your tribal organization is crucial. This hands-on class will take you through every aspect of employment law, from tribal recruiting policies to disciplinary actions.

After providing you with an overview of the laws, our HR expert will present strategies that will assist you in meeting your legal requirements, developing laws and creating policies and procedures that make sense for your organization.

Through individual and group exercises, you’ll review and revise your important employment documents to effectively meet the needs of your organization. You’ll leave with a plan of action and ready to immediately implement what you learned during this class.

T O P I C S   I N C L U D E
Tribal Sovereignty and Civil Jurisdiction
  • Hierarchy of laws
  • Sovereignty and sovereign immunity
  • Relationship between the federal government and tribes
  • Tribal, state and civil jurisdiction
  • Montana test
  • Employer-employee relationship
Applicability of Employment Law
  • Overview of federal employment law
  • Applicability of state law
  • Tribal employment law
  • Developing an employment ordinance
Select Case Law
  • Lewis v. Clarke
  • San Manuel v. NLRB
  • C&L Enterprises v. Citizen Band Potawatomi Tribe of Oklahoma
  • Sanderlin v. Seminole Tribe of Florida
  • U.S. Department of Housing and Urban Development (ADA opinion)
  • Current and pending cases
Personnel Policies and Procedures
  • Establishing a personnel management system
  • Crafting personnel policies and procedures
  • Personnel policy checklist
  • Developing an employee manual
Issues Affecting Tribal Recruiting Policies
  • Tribal sovereignty
  • Nepotism
  • Conflict of interest
  • Job vacancy announcements
  • Interview questions
  • Indian preference
  • Types of preference
  • Authority
  • Indian preference under P.L. 93-638 7B/7C
  • Indian preference under IRA
Background Investigations
  • Basics of conducting an investigation
  • Indian Child Protection and Family Violence Prevention Act (P.L. 101-630) — updated 2008
  • Indian Gaming Regulatory Act (IGRA)
Conducting Internal Investigations
  • Laws to follow
  • Techniques
Drug- and Alcohol-Free Workplace
  • Purpose and scope
  • Statement of policy
  • Organization, manager and employee responsibilities
  • Drug testing issues
  • Availability of counseling and assistance
  • Zero tolerance and progressive discipline
Fair Labor Standards Act (FLSA)
  • Minimum wage and overtime
  • Exemptions
  • Child labor
  • Equal Pay Act
  • Record keeping
  • Employees and independent contractors
Sexual and Workplace Harassment
  • Definitions and policies
  • Employer liability for supervisors, co-workers and non-employees
  • Personal liability
  • Hostile environment
  • Investigating allegations
Workers with Disabilities
  • Americans with Disabilities Act (ADA)
  • Title I — overview of legal requirements
  • Key decision points in the employment process under ADA
  • Who is a qualified individual?
  • Reasonable accommodation
Family and Medical Leave Act (FMLA)
  • FMLA coverage
  • Leave and benefits
  • Health insurance
  • Serious health conditions
  • Enforcement
Employee Relations
  • Workplace discrimination
  • Grievance and appeal process
  • Role of the attorney
  • Creating and updating employee handbooks
  • Use of tribal ordinances
  • Chain of command
  • Labor relations/unions
  • Lawsuit triggers
  • 401(k)
  • Social media usage
Gaming Issues
  • Compacts
  • Adherence to state laws
  • Unions

*Topics subject to change.

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