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Indigenous Peoples Labor & Employment

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Employment Law Letter - Summer 2017

by Shipman & Goodwin LLP on

How often does the Supreme Court of the United States decide a case that specifically affects a Connecticut employee? And how often are its decisions unanimous? Both occurred recently when the high court reviewed a dispute...more

Health Alert (Australia) 5 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 26 May 2017 - Mrs Nicole Webb v The Trustee for SWC Unit Trust T/A Salisbury Day Surgery [2017] FWC 2573 - Application for relief from...more

The Continuing Attack on Tribal Sovereign Immunity at the Supreme Court

by GableGotwals on

Immunity of tribal officers and employees from suit in state and federal court for tort liability should concern tribal governments engaged in gaming operations. Often, because of historical antecedents and general belief,...more

Exploring Tribal Sovereign Immunity with Lewis v. Clarke

by K&L Gates LLP on

The U.S. Supreme Court recently held that tribal employees can be sued in their individual capacities for torts they commit while acting within the scope of their employment. Relying upon cases involving tort suits against...more

April 2017: The 13 Biggest Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. April 2017 was another month...more

SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender

by Snell & Wilmer on

On April 25, 2017, the U.S. Supreme Court issued a unanimous opinion in Lewis v. Clarke, a case involving tribal sovereign immunity. The Court held that when a tribal employee is sued in his or her individual capacity, that...more

Tribe's Indemnification of Employee Does Not Confer Sovereign Immunity

by Stinson Leonard Street on

On April 25, 2017, the U.S. Supreme Court issued a much anticipated ruling, which may impact the ability of Tribes to rely on sovereign immunity in certain types of tort claims alleged against their employees....more

U.S. Supreme Court Holds Sovereign Immunity Does Not Protect Tribal Employee Sued Individually

by Littler on

On April 25, 2017, by unanimous vote (8-0) vote, the U.S. Supreme Court ruled that a Native American tribe’s sovereign immunity from lawsuits does not extend to a tribal employee sued over actions he took within the scope of...more

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

by Fisher Phillips on

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting...more

Supreme Court Decides Lewis v. Clarke

by Faegre Baker Daniels on

On April 25, 2017, the Supreme Court decided Lewis v. Clarke, No. 15-1500, holding that an Indian tribe’s sovereign immunity does not bar a suit against a tribe official or employee, in their individual capacity, for acts he...more

Health Alert (Australia) March 27, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 21 March 2017 - Hicks v Mater Misericordiae Ltd [2017] QSC 38 - The applicant brought proceedings against the respondents...more

You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

Health Alert (Australia) February 27, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission 20 February 2017 - Renton v Bendigo Health Care Group [2017] FWC 921 -...more

Weekly Update Newsletter - February 2017 #3

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - Procedural Rules and Regulations - The National Labor Relations Board (“NLRB”) amended its procedural rules and regulations to (1) reflect modern technology, such as E-Filing, and eliminate...more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

by Stinson Leonard Street on

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

IRS Issues Warning About W-2 Cyber-Scams, Especially for Schools, Nonprofits and Tribal Organizations

by Jackson Lewis P.C. on

On February 2, 2017, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. The scam, which targets the corporate world during tax season, is currently “spreading to other sectors,...more

Employment Law Letter - Winter 2017

by Shipman & Goodwin LLP on

For many years there has been disagreement about whether or not employees who bring discrimination claims under Connecticut’s Fair Employment Practices Act can get punitive damages (not just compensatory damages for lost...more

EEOC Issues New Guidance On National Origin Discrimination For First Time In Fourteen Years

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On November 18, 2016, the EEOC issued new guidance on its enforcement of anti-discrimination laws related to national origin. The guidance provides clarification on the scope of national origin under Title...more

U.S. Supreme Court to Consider Tribal Sovereign Immunity Issue Related to Individual Tribal Employees

by Littler on

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke, (No. 15-1500) addressing the issue of whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal employees for torts...more

Legislative Opportunities for Tribal Governments Under the Trump Administration

by Holland & Knight LLP on

With the advent of a Republican-controlled White House and Congress, many who work in Washington, D.C., on behalf of Indian tribes may be tempted to adopt a defensive posture. But while it always is important to defend tribal...more

Best Practices for Tribes When Faced with Union Organizing Activity

by Varnum LLP on

Earlier this year, the U.S. Supreme Court declined to hear a case involving a dispute between the Saginaw Chippewa Indian Tribe and the National Labor Relations Board (NLRB). The U.S. Supreme Court's decision effectively...more

EEOC's New Strategic Enforcement Plan Takes Aim at Gig Economy, Other Emerging Workforce Issues

by Littler on

On October 17, 2016, the Equal Employment Opportunity Commission (EEOC) approved an updated Strategic Enforcement Plan (SEP) for fiscal years 2017–2021, setting out its priorities and strategies for the near term. The SEP...more

No Rest for the Weary: Breaking Down DOL’s New Paid Sick Leave Mandate for Federal Contractors

The regulatory onslaught for federal contractors just won’t stop. The “contractor blacklisting” regulations implementing Executive Order 13673, Fair Pay and Safe Workplaces are set to take effect by the end of this month....more

DOL Issues Final Rule Implementing Paid Sick Leave for Federal Contractors

by Littler on

On September 29, 2016, the U.S. Department of Labor (DOL) issued its long-awaited final rule to implement Executive Order 13706, which requires covered federal contractors to provide employees with up to seven days (56 hours)...more

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

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