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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 – the prevailing case law, the latest regulations and the status of pending federal legislation. We’ll discuss changes to the FLSA, the ACA, pros and cons of Ban the Box, social media policies, drug testing updates and much more.

T O P I C S   I N C L U D E
FLSA
  • Minimum wage and overtime
  • New opinions and decisions in Indian Country
  • How your organization can mitigate the impact
  • How state wage and labor laws impact your organization (how/if state fees can be docked from employees' paychecks, charges for uniforms, pooling tips)
Drug Testing Updates
  • Who can test?
  • When can you do testing?
  • What do state drug testing laws mean for you?
  • How does state legalization of marijuana impact drug testing?
ACA
  • Employer obligations under ACA
  • Enrolling employees
  • 2017 changes in state exchanges
  • "Cadillac Tax" to be implemented in 2018
Ban the Box
  • Pros and cons of ban the box
  • What can and can't you do?
  • What's best for your tribe?
Employee Handbooks and Today's Tribal Employer
  • General provisions
  • Release (last paycheck, equipment)
  • At will employment
E-Law Essentials Checklist (We'll review all the important day-to-day processes and make sure you're up-to-speed)
  • 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
Recent Court Cases and Policy Changes
  • Supreme Court denial of NLRA cases
  • Ninth Circuit EEOC vs. Peabody Coal
  • NLRB's updated priorities regarding social media
  • When does the NLRB assert jurisdiction over tribal employers?
Social Media Policies
  • What can they do?
  • How do you monitor them?
  • What can you be sued over?

*Topics subject to change.

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