Employment Law for Tribes and Tribal Organizations
Human Resources
Get your HR certificate and upgrade your credentials. This class is one of the requirements to earn your Indian Country Human Resources Cerfiticate. Click here or call 1-800-992-4489 for details.
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, renowned instructor Richard
McGee* 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.
Mr. McGee has represented tribal employers in litigation
matters and employment-related investigations
for more than 15 years.
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.
Bring copies of your personnel policies and procedures,
funding contracts, job descriptions, ordinances and other employment
law documents for use in interactive exercises.
Get your HR certificate and upgrade your credentials. This class is one of the requirements to earn your Indian Country Human Resources Cerfiticate. Call 1-800-992-4489 for details.
*Instructor subject to change.
Topics that will be covered include:
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
- 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
Gaming Issues
- Compacts
- Adherence to state laws
- Unions
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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)
*Topics subject to change.
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