Indian Country’s Employment Law Update

Perhaps no body of law changes more rapidly than employment law and nowhere is that body of law more complicated than in Indian Country. Tribal sovereignty, Indian preference and a myriad of federal regulations may or may not impact employment practices for your tribal organization. Indian Country's Employment Law Update is designed to help you make sense of it all.

This innovative program will present the most up-to-date information available – we'll discuss likely changes to the FLSA under the Trump administration, how to conduct an internal I-9 audit in light of the crackdown on illegal immigration, what the new Supreme Court justices may mean for tribes, addressing sexual harassment in the #MeToo era, understanding when COBRA applies to tribes, the Tribal Social Security Fairness Act of 2018, proposed legislation that would exempt tribes from the NLRA, social media policies, drug testing updates and much more.

T O P I C S   I N C L U D E
  • Minimum wage and overtime
  • Likely changes under the Trump administration
  • How your organization can mitigate the impact
  • How state wage and labor laws impact your organization
Drug and Alcohol Policies Update
  • Pros and cons of testing
  • What do state drug testing laws mean for you?
  • How does state legalization of marijuana impact drug testing?
  • Opioid and prescription drug abuse
  • Drug & Alcohol Free Workplace Act
  • ADA considerations - does your tribe follow?
Understanding When COBRA Applies to Tribes
  • What is COBRA?
  • Who is covered?
  • When does it apply to tribes?
  • Special considerations for American Indians under the Affordable Care Act
Sovereign Immunity Update
  • What is tribal sovereign immunity?
  • What can individual employees of Indian tribes be held liable for?
  • How have recent court cases changed the rules of the game?
Supreme Court Update
  • New justices
  • Recent rulings
  • Likely impact on tribal sovereignty issues
Immigration and I-9 Audits
  • Department of Labor's crackdown on illegal immigration
  • Who can legally work in the US?
  • Complying with federal requirements
  • Common I-9 mistakes
  • How and why to conduct an internal audit
Addressing Sexual Harassment in the #MeToo Era
  • What does the Title VII exemption mean?
  • Setting effective tribal policies against harassment
  • Conditions that breed sexual harassment
  • Keys to preventing harassment
Social Media Policies
  • What can they do?
  • How do you monitor them?
  • What can you be sued over?
Ban the Box
  • Pros and cons of ban the box
  • What can and can't you do?
  • What's best for your tribe?
Tribal Social Security Fairness Act of 2018
  • What the Act does
  • What it means for council members employed by the tribe
Tribal Labor Sovereignty Act
  • 2004 NLRB ruling that wrongly made tribes subject to the NLRA
  • How the Act would fix it
  • Status of the proposed bill:
    • Why hasn't it passed yet?
    • What are the chances of passage?
E-Law Essentials Checklist
  • Employee handbooks
  • Confidentiality
  • Recordkeeping
  • Investigating employees
  • Avoiding retaliation
  • Protecting yourself from different claims, such as discrimination and harassment
  • Special considerations for reservation employers, non-reservation employers and casinos

*Topics subject to change.

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