Law Seminars International Presents: A Comprehensive Two-Day Conference on

Tribal Employment Rights & Law
Critical legal issues in employment law in Indian country



April 28 & 29, 2014
Mystic Lake Casino Hotel in Prior Lake, MN

Who Should Attend

Attorneys, Tribal representatives, human resource executives and staff, and governmental officials

Why You Should Attend

Hundreds of thousands of employees work in Indian Country for Tribes, Tribal governments, agencies, organizations and enterprises. The employment relationship is an important aspect of Tribal governance and reservation economies. Unfortunately, the law governing those relationships is complex, varied and uncertain. This conference will offer in-depth looks at a number of critical legal issues in employment law in Indian Country, including collective bargaining, the application of federal employment laws to Tribes, Tribal preference laws and policies and federal anti-discrimination laws, and the effects of the Affordable Care Act (ACA) for Tribal employees.

It will also consider the National Labor Relation Board's recent efforts to regulate union issues in Tribal enterprises and the practical effects of such efforts as well as best practices for personnel and dispute resolution in the Tribal workplace.

Tribal leaders, leading practitioners and academics will provide the latest insights on current topics with significant Tribal sovereignty implications in employment law.

Don't miss this excellent update on today's legal and policy developments, along with practical strategies and tips to assist attorneys, Tribal representatives, agency officials and businesses navigate these latest issues.

Program Co-Chairs: Dale L. Deitchler, Esq., Littler Mendelson P.C. and Eric Lochen, Esq., Lochen Law Offices, PLLC

What You Will Learn



Agenda

Monday, April 28, 2014

8:30 am

Introduction & Overview

Dale L. Deitchler, Esq., Program Co-Chair
Littler Mendelson P.C. / Minneapolis, MN

Eric Lochen, Esq., Program Co-Chair
Lochen Law Offices, PLLC / Minneapolis, MN

 
8:45 am

Employment Law in Indian Country: A Case of Competing Sovereigns

Working through the complexity of three bodies of law: Tribal, federal and state

Vicki J. Limas, Esq., Professor of Law
The University of Tulsa College of Law / Tulsa, OK

Applying the law to three types of employers: Tribes as governments, "Tribal controlled" commercial enterprises and commercial enterprises operating on Tribal lands

Andrew Adams, III, Esq.
Hogen Adams PLLC / St. Paul, MN

 
10:15 am

Break

 
10:30 am

Indian Tribes, Labor Law Jurisdiction and Collective Bargaining

The National Labor Relations Act (NLRA) and Tribes; The National Labor Relations Board's assertions of authority over Tribal enterprises; case law update

Colette Routel, Esq., Assistant Professor of Law
William Mitchell College of Law / St. Paul, MN

Practical issues in collective bargaining in Indian country

Wendell Long, General Manager
Little River Casino Resort / Manistee, MI

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Indian Tribes and Discrimination Issues

Perspectives on reconciling Tribal hiring preferences vs. discrimination: Tips for structuring Indian-hire preference requirements for non-Tribal entities

Brian K. Nichols, Esq.
Modrall Sperling / Albuquerque, NM

Paul W. Spruhan, Esq., Assistant Attorney General
Navajo Nation Department of Justice / Window Rock, AZ

 
2:30 pm

Break

 
2:45 pm

Indian Tribes and the Alphabet Soup of Other Employment Laws

Americans with Disabilities Act (ADA); Family Medical Leave Act (FMLA), Occupational Health and Safety Act (OSHA), Fair Labor Standards Act (FLSA): New developments and issues that affect Tribal operations

David J. Goldstein, Esq.
Littler Mendelson P.C. / Minneapolis, MN

Practical tips for Tribal leaders in evaluating workplace rules and policies for compliance

Richard G. McGee, Esq.
Law Office of Richard G. McGee / Plymouth, MN

 
4:15 pm

Unions In Indian Country

How unions are attempting to organize Tribal operations and what you need to do to be prepared

John W. Polley, Esq
Littler Mendelson P.C. / Minneapolis, MN

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Littler Mendelson P.C. and Lochen Law Offices, PLLC

 

Tuesday, April 29, 2014

8:30 am

Introduction & Overview

Dale L. Deitchler, Esq., Program Co-Chair
Littler Mendelson P.C. / Minneapolis, MN

Eric Lochen, Esq., Program Co-Chair
Lochen Law Offices, PLLC / Minneapolis, MN

 
8:45 am

Affordable Care Act Issues for Tribes as Employers

Tribes and Tribal organizations as employers under the Affordable Care Act (ACA): Benefits and burdens and interplay with the Fair Labor Standards Act (FLSA) and the Employee Retirement Income Security Act (ERISA)

Samuel E. Ennis, Esq.
Sonosky, Chambers, Sachse, Endreson & Perry, LLP / San Diego, CA

 
9:30 am

Applicability and Enforceability of Contractual Obligations Relating to Tribal Employment

Memoranda of Understanding (MOUs) with other government entities and also other employment contracts

Sarah E. Crippen, Esq.
Best & Flanagan LLP / Minneapolis, MN

Eric Lochen, Esq., Program Co-Chair
Lochen Law Offices, PLLC / Minneapolis, MN

 
11:00 am

Break

 
11:15 am

Potential Criminal Liability for Failure to Comply with State Substantive Laws

Case study of potential issues arising from the sale of native-brand cigarettes

Susan L. Allen, Esq.
The Jacobson Law Group / St. Paul, MN

 
12:00 pm

Best Practices for Setting Up Personnel and Dispute Resolution Systems

Structuring the system: Essential elements for workable Tribal codes; selecting or creating effective grievance and dispute resolution bodies and processes; special considerations for partnering with non-Tribal entities for commercial enterprises

Shane Thin Elk, Esq.
Lochen Law Offices, PLLC / Onawa, IA

Waivers of sovereign immunity and insurance for employment claims

Aaron J. Harkins, Esq.
Faegre Baker Daniels LLP / Minneapolis, MN

 
1:00 pm

Evaluations & Adjourn

 


Tuition

Regular tuition for this program is $895 with a group rate of $670 each for two or more registrants from the same firm. For Tribes and other government employees, we offer a special rate of $595. For students and people in their job for less than a year, our rate is $447.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Continuing Education Credits

Live credits: This program qualifies for 10.5 MN CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.



Location

The conference will be held at Mystic Lake Casino Hotel at 2400 Mystic Lake Blvd. in Prior Lake, MN 55372. Call the hotel directly at (800) 813-7349 for reservations at the special negotiated rate of $95 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a DVD recording and the course materials, is available for $905. The course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or from the date we receive payment.
Order Homestudy

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, April 22, 2014. After that time, we will credit your tuition toward attendance at another program or the purchase of a Homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.



Faculty Bios

Dale L. Deitchler, Program Co-Chair, shareholder, Littler Mendelson P.C., represents management in labor law, labor relations and standards, including: negotiations, arbitrations and unfair labor practice proceedings before the National Labor Relations Board.
Full bio and contact info for Dale L. Deitchler at Littler Mendelson P.C.

Eric Lochen, Program Co-Chair, managing partner, Lochen Law Offices, PLLC, represents Tribes and Tribal entities in Indian gaming law, Tribal housing law, economic development, Tribal prosecution, Tribal election law, business transactions and internal investigations. He is General Counsel to the St. Croix Chippewa Indians of Wisconsin.

Andrew Adams, III, member, Hogen Adams PLLC, and a citizen of the Muscogee (Creek) Nation and member of the Tallahassee Wvkokaye Ceremonial Grounds. He is experienced in federal Indian law, Tribal constitutional law, Tribal governance, gaming, complex financial transactions, and tax issues related to Tribal governments and individual Tribal members. He currently serves as the Chair of the Federal Bar Association Indian Law Section.
Full bio and contact info for Andrew Adams III at Hogen Adams PLLC

Susan L. Allen, The Jacobson Law Group, represents Tribal governments, gaming enterprises and Tribal business entities on Tribal and corporate governance, commercial transactions, contracts and tax issues. She was elected to the Minnesota House of Representatives in 2012 and is an enrolled member of the Rosebud Sioux Tribe.

Sarah E. Crippen, partner and Chair of the Litigation and Dispute Resolution practice area and the Employment Law Practice Group at Best & Flanagan LLP, handles litigation matters and provides advice in all areas of employment law.

Samuel E. Ennis, Sonosky, Chambers, Sachse, Endreson & Perry, LLP, is in the Tribal Health Practice Group and has reviewed virtually all of the proposed and final regulations published to implement the Affordable Care Act (ACA) and contributed to comments regarding their effect on Tribes and Tribal health programs.

David J. Goldstein, partner at Littler Mendelson P.C, works with in-house counsel, business leadership, and human resources to identify and implement creative solutions for effectively utilizing human resources, complying with legal and regulatory requirements, avoiding liability and resolving internal and external disputes.
Full bio and contact info for David J. Goldstein at Littler Mendelson P.C.

Aaron J. Harkins, partner, Faegre Baker Daniels LLP on the Indian Tribes team and Finance & Restructuring practice group, represents Tribes and financial institutions in connection with bond offerings, bank loans and other financing transactions. He also represents clients in Tribal, state and federal gaming laws.

Vicki J. Limas, Professor of Law, is Director, American Indian and Indigenous Law and Co-Director, Native American Law Center at The University of Tulsa College of Law. She focuses on employment law affecting Indian Tribes and individuals. She is an adjunct settlement judge for the U.S. District Court for the Northern District of Oklahoma and an arbitrator for the Financial Industry Regulatory Authority.

Wendell Long, General Manager at the Little River Casino Resort, focuses on gaming, finance, leadership and strategic planning to directly benefit Tribal communities.

Richard G. McGee, the principal attorney at the Law Office of Richard G. McGee, LLC, assists Tribes with drafting employee handbooks, promulgating employment codes, performing employee investigations, representing Tribes in court, and consulting on employment decisions. He wrote A Guide to Tribal Employment (Xlibris 2008) and previously, was Assistant General Counsel for the Prairie Island Indian Community.

Brian K. Nichols, shareholder, Modrall Sperling, is Co-Chair of the Native American Law Practice Group. He consults with businesses doing commerce on the Navajo Nation, and advises clients regarding employment, property, vendor preferences and procurement, and worker health and safety.

John W. Polley, shareholder, Littler Mendelson P.C., focuses on traditional labor law, OSHA litigation and workplace drug testing. His traditional labor law practice involves collective bargaining, arbitrations, NLRB proceedings and union avoidance campaigns.
Full bio and contact info for John W. Polley at Littler Mendelson P.C.

Colette Routel, Assistant Professor of Law at William Mitchell College of Law, concentrates her research on federal Indian law and natural resources law.

Paul W. Spruhan is Assistant Attorney General for Human Services and Government at the Navajo Nation Department of Justice.

Shane Thin Elk (Sicangu Oyate), partner, Lochen Law Offices, PLLC, and a member of the Rosebud Sioux Tribe, focuses his practice on Tribal corporate and employment law. Previously, he was in-house counsel for the Eastern Shoshone Tribe of the Wind River Reservation and has engaged in a multi-jurisdictional practice across the country managing complex litigation.

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