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Labor & Employment Indigenous Peoples

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

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

Ninth Circuit Finds That Removal of Action to Federal Court Does Not Waive Tribe's Sovereign Immunity

by Stinson Leonard Street on

In a precedential opinion, the Ninth Circuit Court of Appeals recently chose to follow the lead of the Eleventh Circuit, holding that tribes do not waive sovereign immunity merely by removing a case to federal court. This...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

Ninth Circuit Addresses Effect of Removal on Tribal Sovereign Immunity

by K&L Gates LLP on

The Ninth Circuit Court of Appeals (the “Ninth Circuit”) reaffirmed principles of tribal sovereign immunity in a ruling on August 8, 2016. The Ninth Circuit issued an opinion stating that an Indian tribe does not waive its...more

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi...

by Dorsey & Whitney LLP on

John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually molested by the manager of the store. Doe sued Dollar...more

Tribal Employment and Jobs Protection Act Seeks to Exempt Native American Tribes from ACA

by Stinson Leonard Street on

The Tribal Employment and Jobs Protection Act (H.R. 3080) could have a big impact on tribes if it becomes law. The legislation, which was passed by the U.S. House Ways and Means Committee June 15, seeks to exempt Native...more

Advisory Committee on Tax Exempt and Government Entities (ACT) Presents its Report of Recommendations on June 8, 2016

by Bryan Cave on

On June 8, 2016, the 21 members of the ACT presented its 15th report of recommendations to the IRS in a public meeting in Washington, DC. The ACT report addressed five issues...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19493 - Standard Oil of Connecticut, Inc. v. Administrator, Unemployment Compensation Act - SC19493 Dissent - Standard Oil of Connecticut, Inc. v. Administrator,...more

Key Employment Issues Affecting Tribal Entites

by PilieroMazza PLLC on

Overview - Sovereign immunity - - Background - 8(a) waiver - Indemnification - Labor and employment issues - Statutes of general applicability - Commercial v. governmental activity ...more

Supreme Court Update: Hawkins V. Patterson (14-520), Tyson Foods V. Bouaphakeo (14-1146), Nebraska V. Parker (14-406), Sturgeon V....

by Wiggin and Dana LLP on

So many announcements since our last Update. The President announced D.C. Circuit Chief Judge Merrick Garland as his pick to take the late Justice Scalia's seat on the Court; Senate Republicans promptly announced that they...more

Six Ways to Help Implement Effective Tribal Labor and Employment Practices in 2016

by Holland & Knight LLP on

Tribal leaders and human resource managers have many things to consider when implementing balanced employer policies and practices that 1) promote tribal sovereignty, 2) promote fairness and employee morale, and 3) minimize...more

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