Employment Law and Labor Relations


February 26, 2014 10:16 AM | Posted by Coyle, Brie | Permalink
Last December, the Saginaw Chippewa Indian Tribe of Michigan filed its opening brief in the Court of Appeals for the Sixth Circuit, challenging the National Labor Relations Board's ("NLRB") assertion of jurisdiction over its tribal casino. A few days ago, the NLRB filed its brief in response the Tribe's brief. read more
January 9, 2014 4:08 PM | Posted by Coyle, Brie | Permalink
In December, the Chickasaw Nation and the Saginaw Chippewa Indian Tribe filed their opening briefs in the Tenth Circuit and Sixth Circuit, respectively. Both tribes are challenging the National Labor Relations Board's (NLRB) assertion of jurisdiction over tribal casinos. read more
January 8, 2014 9:25 AM | Posted by Coyle, Briana | Permalink
In December, the Chickasaw Nation and the Saginaw Chippewa Indian Tribe filed their opening briefs in the Tenth Circuit and Sixth Circuit, respectively. Both tribes are challenging the National Labor Relations Board's (NLRB) . . . read more
September 5, 2013 4:02 PM | Posted by Miller Nash LLP | Permalink

Miller Nash LLP invites you to participate in a free 90-minute webinar on developing employment issues as they specifically pertain to the hospitality industry. Potential new developments involving health care, wage and hour issues, and immigration compliance . . .

read more
August 15, 2012 2:52 PM | Posted by Masse, Chris and Seffernick, Aubrey | Permalink
The IRS office of Indian Tribal Governments (ITG) is hosting three training workshops for Tribal employers and casino operators covering . . . read more
July 31, 2012 2:55 PM | Posted by Cross, Danielle and Seffernick, Aubrey | Permalink
The Tenth Circuit Court of Appeals has determined that a legal entity, organized under state law and wholly owned by a tribal corporation, cannot share in a tribe’s sovereign immunity. In Somerlott . . . read more
July 2, 2012 11:32 AM | Posted by Masse, Chris and Stahlfeld, Susan | Permalink
Chris Masse will speak on "Liquor Privitization/Policies and Procedures" and Susan Stahlfeld will present "HR: Family Medical Leave Act". read more
April 20, 2012 3:12 PM | Posted by Van Dusen, Frank and Seffernick, Aubrey | Permalink
Pursuant to President Obama's memorandum citing Executive Order 13175, which was issued by President Clinton in November of 2000 tasking federal agencies to develop tribal consultation policies, the U.S. Department of Labor released a proposed consultation policy this week. read more
April 18, 2012 3:26 PM | Posted by Landsverk, Wayne | Permalink
The most recent Friday the 13th turned out to be an unlucky day for organized labor. On that day, Friday, April 13, a federal district judge in South Carolina ruled, in no uncertain terms, that the NLRB's controversial posting requirement, scheduled to take effect on April 30, is... read more
September 26, 2011 7:52 AM | Posted by Sasaki, Valerie | Permalink
In a decision that is significant for a variety of tax reasons, the Ninth Circuit Court of Appeals held that the Blue Lake Rancheria Tribe's wholly-owned employee leasing company (Mainstay Business Solutions) was both the statutory and common law employer of the employees that it leased in California, Hawaii, and Nevada. read more
September 16, 2011 11:51 AM | Posted by Van Dusen, Frank | Permalink
This year, the Mashantucket Tribe challenged union election results because the union made "inflammatory appeals to voters' racial and ethnic prejudice regarding the granting of preferential employment rights to Native Americans." Pro-union postings by paid union agents, and employees who were union agents, through letters, leaflets, and Facebook postings were characterized as racist by the employer in its challenge to the union election vote. read more
August 11, 2011 1:43 PM | Posted by Van Dusen, Frank | Permalink
A federal trial judge in southern California has held that tribally owned and operated casinos on tribal land are exempt from the Family Medical Leave Act ("FMLA") because Congress did not specifically state that the law should apply to Indian tribes. read more
July 18, 2011 1:00 PM | Posted by Van Dusen, Frank | Permalink
A federal district court, citing the Tenth Circuit's particular expertise, issued an injunction Monday (July 11, 2011) barring the National Labor Relations Board (“NLRB’) from proceeding with two unfair labor practice charges against the Chickasaw Nation's Department of Commerce, which operates tribal casinos on tribal lands.  It appears that the order is contrary to the 2007 DC Circuit decision in San Manuel where the DC Circuit held that a tribal casino is a commercial enterprise when substantially all its employees and customers are not tribal. read more
June 27, 2011 1:40 PM | Posted by Van Dusen, Frank | Permalink
In April, the Department of Labor proposed rule changes that require employers to provide additional notice to their tipped employees if the employers apply tips as a credit against the federal minimum wage of $7.25 per hour. The new regulations took effect in May. Restaurant operators have challenged the rule change that allows employers in the hospitality industry to credit tips against the federal minimum wage in a case pending in the Eighth Circuit Court. read more
May 25, 2011 3:35 PM | Posted by Rubin, Bruce | Permalink
A new Ninth Circuit Court of Appeals opinion has given employers, including tribal businesses, a better tool to combat misuse and theft of proprietary company information. read more
April 18, 2011 3:03 PM | Posted by Van Dusen, Frank | Permalink
Tribal business enterprises face many of the same challenges that the private sector does in this weak economy. Unfortunately, this may mean that plant closings and layoffs are necessary for tribal enterprises—and tribes should be aware of a federal act designed to give notice of mass layoffs. read more