Drafting Tribal Employment Laws & Handbooks

Drafting Tribal Employment Laws & Handbooks is intended to provide a practical perspective on drafting tribal employment laws and employee handbooks which define the unique rules which establish the relationship between tribal employers and employees. The book is divided into two main themes. First, the book addresses the fundamentals of drafting tribal employment laws wherein a tribe can exercise its sovereignty by defining the terms and conditions of employment for employers within the tribe’s jurisdiction. Second, the book addresses a range of frequently asked questions related to creating or modifying policy and procedure in the tribal workplace. Those policies and procedures are oftentimes collectively referred to as a handbook. After addressing the FAQs there is a sample handbook. Drafting Tribal Employment Laws & Handbooks is written to complement A Guide to Tribal Employment. A Guide to Tribal Employment, published in 2008, evaluates the unique and challenging aspects confronted by tribal employers. The book addresses the influences of the state and federal sovereigns on tribal employers, the risks of litigation, unique issues confronted by tribal casino employers and summarizes policy best practices. Drafting Tribal Employment Laws & Handbooks extends that analysis by providing a sample employment law and policies. The sample policies are not designed to provide the final word on policies which may be adopted by tribal employers, but instead, the start of a conversation in tailoring policies which reflect the uniqueness of individual tribes. In other words, there is not a uniform set of policies for tribal governments or enterprises since each tribal government and casino are unique. Drafting Tribal Employment Laws & Handbooks respects the uniqueness of tribes while recognizing the merit in providing a structure upon which tribes can draft strong and effective laws and policies. Any beneficial content in this book comes from what I have learned from the dedicated employees working for tribal governments, organizations and businesses. I greatly admire the tribal leaders insisting that their tribes define ethical employment standards and demand fair and consistent enforcement. And to the dedicated people in tribal human resources, thank you for the education and guidance. An organization which is at the forefront of meeting and exceeding the needs of tribal employers is the National Native American Human Resources Association (NNAHRA). NNAHRA’s Board and staff tirelessly advocate for tribal employers, and as an educator, NNAHRA is the best. I am grateful to the present and previous Board members who created NNAHRA and continue to insist that NNAHRA serve its members without compromise. Can I rely on this book as legal advice? No. This book does not provide legal advice and does not form a relationship between client and lawyer. Do not rely on any aspect of this book without first seeking competent legal advice.