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As tribal governmental and economic operations have grown, tribes have found themselves involved in employment issues which, in the past, never arose. In recent decades, tribes have found themselves facing issues of compliance with federal labor and employment rights laws, unemployment laws, labor relations, and retirement laws. Smith & Jolly's attorneys have extensive experience representing tribes in the area of human resources and employment law and have worked very closely with tribal personnel directors on a wide range of human resources and employment issues. Some of the areas include:

• Drafting and implementing personnel policies
• Negotiating and preparing employment contracts
• Assisting in workers' compensation administration and representing tribes in litigation against them in non-tribal workers' compensation systems
• Representation in unemployment compensation proceedings
• Assisting in implementing recent federal legislation, such as the amendments to the Federal Unemployment Tax Act ("FUTA") incorporating Indian tribes
• Negotiating health, life, and general liability insurance provider contracts
• Issues arising under the Family and Medical Leave Act ("FMLA"), ADA, National Labor Relations Act ("NLRA"), Title VII, COBRA, ERISA, and FLSA
• Assisting in developing tribal procedures and drafting policies for compliance with the Indian Child Protection and Family Violence Prevention Act
• Advising and representing tribes on employee benefits

We have represented tribes and their economic enterprises in virtually every aspect of employee relations, whether in the area of policies and procedures, employment contracts, benefits programs, or workers' compensation and unemployment.

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INDIAN LAW UPDATES

United Nations Adopts Indigineous Rights Declaration

After 20 years of negotiations and three decades of drafts, on September 13, the United Nations General Assembly voted 143 to 4 to adopt the Declaration of Rights of Indigenous Peoples. The only countries... more »

Senate Once Again Looking to Amend IGRA

In response to the D.C. Circuit's decision in CRIT v. NIGC, the Senate is working on a draft amendment to IGRA to, once again, expand the power and authority of the National Indian Gaming Commission ("NIGC")... more »

NIGC Officially Withdraws Class II Proposal

On February 15, the National Indian Gaming Commission ("NIGC") published notice that has officially withdrawn its controversial amendments to the agency's Class II regulations. The notice simply... more »

Native Languages Legislation Passes Congress

Congress passed the Esther Martinez Native American Languages Preservation Act of 2006, sending it to the President for signature. The Act provides for the revitalization of Indian languages through support... more »