Indigenous Peoples Labor & Employment

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Fourth Circuit Rejects Characterization Of Motions “For Reconsideration,” Remands To Determine Whether Dispute Is Arbitrable

The Court of Appeals for the Fourth Circuit recently remanded a case to the district court for full consideration of a request to compel arbitration, finding the lower court’s order “inconsistent with the emphatic federal...more

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth...

Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the...more

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor...more

Sixth Circuit Holds National Labor Relations Act Applicable to Indian Tribe's Casino

Weighing in on a hotly contested issue, a panel of the Sixth Circuit has found that federal labor law applies to Indian tribes’ casinos, notwithstanding the tribes’ inherent sovereignty. However, the panel only did so because...more

Appropriations Subcommittee Rejects Efforts to Strip Funding Bill of Pro-Employer Riders

The day after the House Appropriations Committee released a draft bill that would significantly limit certain federal agency rules and initiatives, the Subcommittee on Labor, Health and Human Services, and Education held a...more

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

Bills Propose to Reverse National Labor Relations Board Jurisdictions over Indian Tribal Governments

The National Labor Relations Act (“NLRA”) was enacted by Congress in 1935. The Act, also known as the Wagner Act after its champion, New York Senator Robert F. Wagner, passed the Senate in May 1935, the House in June 1935,...more

Report from SBREFA Panel on Payday, Title and Installment Loans

Wednesday, I had the opportunity to participate as an advisor to a small entity representative (“SER”) at the small business review panel on payday, title and installment loans. The meeting was held in the Treasury Building’s...more

Gaming Legal News: Volume 8, Number 8

The Dance Known as “Texas Two Step” - The two-step is a partner dance, consisting of a “leader” (traditionally a man) and a “follower” (traditionally a woman). The leader determines the movements and patterns of the...more

U.S. Supreme Court Update - February 2015

Court Considers Constitutionality of Maryland's Personal Income Tax - On 11/12/14, the U.S. Supreme Court heard oral arguments on the constitutionality of Maryland's personal income tax in Comptroller of the Treasury...more

Employment Income not Substantively Connected to a Reserve is Taxable

In Baldwin et al v the Queen, 2014 TCC 284, the Tax Court of Canada had an opportunity to consider section 87 of the Indian Act and when employment income is “situated on a reserve” for tax purposes....more

Ninth Circuit Upholds TERO Requirements in Indian Country Mineral Leasing

Conducting commercial operations on tribal lands can pose significant challenges for non-Indian companies. Demonstrating sensitivity to the cultural nuances of Native American society and navigating the complex web of federal...more

Ninth Circuit Rejects EEOC's Challenge of Tribal Hiring Preferences

Tribal hiring preferences based on political classifications are permissible under Title VII of the 1964 Civil Rights Act, the U.S. Court of Appeals for the Ninth Circuit recently held in EEOC v. Peabody W. Coal Co. The first...more

Negotiating with a Tribe or Tribal Entity: Practical Tips for Franchisors

Indian gaming has exploded in the more than twenty-five years since Congress passed the Indian Gaming Regulatory Act (IGRA). According to the 2014 Casino City’s Indian Gaming Industry Report, Indian tribes received $28.1...more

Federal Court Approves EEOC Subpoena in Investigation of Giant Milwaukee Indian Casino

Federal Agency Says Decision Confirms Authority to Investigate Charges of Discrimination Involving Business Operations of Indian Employers - MILWAUKEE, Wis. - On May 6, U.S. District Judge Lynn Adelman approved the...more

IRS Proposes New Rules on Indian Fishing Rights Income for Retirement Plans

On November 15, 2013, the Internal Revenue Service published a notice of proposed rule making (NPRM) along with proposed regulations regarding the treatment of certain income derived from Indian fishing rights-related...more

Despite Sovereign Status Indian Tribe Must Follow NLRA

In a decision that could have ripple effects nationwide, the National Labor Relations Board (“NLRB”) has held that federal labor protections apply to an Indian tribe’s casino operations in Oklahoma....more

Progressive Discipline and Personal Responsibility Under Navajo Employment Law

Most companies doing business on the Navajo reservation know the Navajo Preference in Employment Act (NPEA) is a unique statute. Unlike almost all other jurisdictions in the United States, the Navajo Nation does not recognize...more

Legal Alert: IRS Provides Disaster Relief for Plan Participants

Executive Summary: In addition to the other various employee benefit plan relief provided as a result of Hurricane Sandy, on November 16 the Internal Revenue Service announced, in Announcement 2012-44, that certain...more

McAfee & Taft RegLINC - May 2012: U.S. Department of Labor publishes proposed tribal consultation policy By Christina Vaughn

The U.S. Department of Labor published its proposed tribal consultation policy in the Wednesday, April 18, 2012, Federal Register (77 Fed. Reg. 23283). This issuance of the proposed policy is in compliance with Executive...more

McAfee & Taft RegLINC - May 2012

In This Issue: - 2 GAO issues report on safety of federally unregulated gathering pipelines - 3 Advisory bulletin issued to natural gas cast iron distribution pipelines - 3 PHMSA’S FY 2013 budget focuses on hiring...more

This Week At The Capitol - February 17, 2012

Senator Chris Gerlach (R-Apple Valley) and Representative Keith Downey (R-Edina) introduced an Occupation Licensing bill (SF 1629 and HF 2002) on Monday that provides every person has the right to engage in “lawful...more

Are ANCSA Corporations subject to GINA?

In November 2010, the Equal Employment Opportunity Commission issued its final regulations governing Title II of the Genetic Information Nondisclosure Act (GINA) (Title II establishes GINA’s employment-related...more

The Bullet 'ILN' By the International Lawyers Network - Volume 9 Issue 1

In this Issue: *2009 European Regional Meeting in Athens Hosted by Dimitriou Law Office *ILN Launches Re-Design of Blog with LexBlog *An Important Decision: Employee's Right to Royalties in a "Service Invention" Glusman...more

Ninth Circuit Rules Fair Labor Standards Act Applies to Tribes/ Williams Kastner Indian Legal Alert

Recently, in Solis v. Matheson, No. 07-35633, the Ninth Circuit Court of Appeals ruled that the overtime requirements of the Fair Labor Standards Act (“FLSA”) apply to a retail cigarette business owned by a tribal member and...more

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