Law Seminars International Presents: LSI Advanced Practice Skills: An Intensive New Workshop on

Tribal Employment Rights & Law
Sovereignty, jurisdiction and best practices

July 14, 2014
Washington State Convention Center in Seattle, WA

Who Should Order This Homestudy

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

Why You Should Order

Creating and maintaining sustainable and productive employment is a top priority for Tribes, Tribal businesses, and the agencies and enterprises that serve Native American communities. The relationship between Tribes and the workers they employ is an important aspect of Tribal governance and the development of reservation economies. The complex and ever-changing laws and regulations governing the relationships between Tribal employers and workers require special expertise and current information to manage effectively. This conference will offer in-depth guidance on crucial legal issues in employment law in Native American communities, including: the application of federal employment laws to Tribes, Tribal preference policies and sovereignty issues, collective bargaining, employment insurance and risk management, best practices for personnel dispute resolution, selecting and managing employee benefit and retirement plans, and using the EB-5 investor visa program to create new job opportunities on reservations.

Tribal counsel, leading Tribal law practitioners, and industry experts will provide the latest insights on current topics with significant Tribal 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 leaders, agency officials, and Tribal enterprise managers navigate these critical issues.

~ W. Gregory Guedel, Esq. and Christopher T. Stearns, Esq., Program Co-Chairs

What You Will Learn


Monday, July 14, 2014

8:00 am

Registration Opens

8:30 am

Introduction & Overview

W. Gregory Guedel, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

Christopher T. Stearns, Esq., Program Co-Chair
Hobbs, Straus, Dean & Walker, LLP / Portland, OR

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) and applying the law to three types of employers (Tribes as governments, "Tribal controlled" commercial enterprises, and other commercial enterprises on Tribal lands)

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

9:30 am

The Alphabet Soup of Federal Employment Law

What Tribal Businesses Need to Know

Steven R. Peltin, Esq.
Foster Pepper PLLC / Seattle, WA

10:15 am


10:30 am

Indian Tribes & Discrimination Issues: Tips for Developing Tribal Laws and Policies Including the Structuring of Indian-Hire Preference Requirements for Non-Tribal Entities

Overview of Equal Employment Opportunity Commission (EEOC) jurisdiction, policy, and agency practice; reconciling Tribal hiring preferences vs. discrimination

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

11:15 am

Federal EB-5 Employment Investor Visa Program

How Tribes and Tribal businesses can utilize this program to raise capital and create jobs for their on- and off-reservation enterprises

Ava (Xiaoqiu) Wang, Esq.
Ater Wynne LLP / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Indian Tribes & Collective Bargaining

Overview of National Labor Relations Act (NLRA) jurisdiction, policy, agency practice, and policy priorities for Indian country

Daniel Rey-Bear, Esq.
Nordhaus Law Firm, LLP / Spokane, WA

Update on three major appellate cases involving National Labor Relations Board (NLRB) assertions of authority over Tribal enterprises: Chickasaw Nation in the10th Circuit; Saginaw Chippewa & Little River Band of Ottawa in the 6th Circuit

Daniel Rey-Bear, Esq.
Nordhaus Law Firm, LLP / Albuquerque, NM

The pro side of working with unions rather than avoiding them: Lessons from skills development for Tribal members in the construction trades

Sherry L. Barry, Tribal Liaison
District Council of Laborers / Mill Creek, WA

2:45 pm

Employment Insurance for Tribes as Employers

Getting the Right Coverage and Handling Claims

Jason R. Donovan, Esq.
Foster Pepper PLLC / Seattle, WA

3:15 pm


3:30 pm

Tribal Employee Benefit Plans

Retirement benefits; best practices for operating benefit plans; fiduciary and IRS compliance

J. Scott Galloway, Esq.
Foster Pepper PLLC / Seattle, WA

Pamela Means, EA, MSPA, President, Consulting Actuary
Means & Associates, LLC / San Diego, CA

Leilani Wilson-Walkush, Senior Consultant
Breakwater Investment Group, LLC / Newport Beach, CA

4:45 pm

Practical Tips for Tribal Counsel

Best Practices for Setting Up Personnel and Dispute Resolution Systems

Lisa M. Vanderford-Anderson, Esq., Reservation Attorney
Tulalip Tribes / Tulalip, WA

5:30 pm

Evaluations & Adjourn



Regular tuition for this program is $695 with a group rate of $520 each for two or more registrants from the same firm. For government employees, we offer a special rate of $465. For students, people in their job for less than a year, and public interest NGO's, our rate is $347.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Financial aid is available to those who qualify. Contact our office for more information.

Continuing Education Credits

Live credits: This program qualifies for 7 WA CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.


There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Faculty Bios

W. Gregory Guedel, Program Co-Chair, is the Chair of Foster Pepper LLC's Native American Legal Services Group and serves as Chair of the American Bar Association's National Committee on Native American Concerns. His practice focuses on economic development, construction, government contracting, and business transactions.

Christopher T. Stearns, Navajo, Program Co-Chair, of counsel, Hobbs, Straus, Dean & Walker, LLP, specializes in public policy, energy, self-governance, and election law. He is a Commissioner for the Washington State Gambling Commission and past Chairman of the Seattle Human Rights Commission. He was Democratic Counsel for the U.S. House Committee on Natural Resources and Director of Indian Affairs for the U.S. Department of Energy.

Sherry L. Barry, Tribal Liaison, Washington & Northern Idaho District Council of Laborers, is Tribal Employments Rights Commissioner for the Quinault Indian Nation. She is the Vice Chair of the Washington State L&I Apprenticeship Division/PNW TERO Affiliates, Tribal Liaison Sub Committee and Vice Chair of KGHI Public Broadcast Radio (Labor and Native American Talk Radio).

Jason R. Donovan, Foster Pepper PLLC, focuses on representing policyholders in insurance coverage disputes involving commercial general liability, directors and officer's liability, employment practices liability and professional services liability. He started his career representing insurance companies, but now represents policyholders exclusively.

J. Scott Galloway, of counsel, Foster Pepper PLLC, focuses on ERISA, employee benefits, executive compensation, fiduciary, and investment law. He advises employers with respect to issues involving pension, profit sharing, 401(k), stock bonus, stock option, deferred compensation, and medical and other welfare benefit plans.

Vicki J. Limas, Professor of Law, University of Tulsa College of Law, focuses on employment law, particularly employment issues affecting Indian Tribes and individuals and is a contributing writer to Cohen's Handbook of Federal Indian Law.

Pamela Means, MSPA, MAAA, EA, President, Means & Associates, an actuarial and third party retirement administration firm, ERISA Compliance Associates, a compliance review firm, and The Tribal Group, a consulting firm that specializes in Tribal Retirement Plans and Trusts. She is a member of a number of national actuarial societies.

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

Steven R. Peltin is Chair of the Employment and Labor Relations Practice Group at Foster Pepper PLLC. He helps employers address a wide variety of personnel issues, and represents employers before courts and administrative agencies. He prepares and negotiates employment, confidentiality, and non-compete agreements.

Dan Rey-Bear, partner, Nordhaus Law Firm, LLP, advises and represents Indian tribes and Indian businesses in litigation and transactional work concerning economic development, employment, environmental matters, financing, intellectual property, jurisdiction, land acquisitions, leasing, permitting, resource management, sovereign immunity, taxation, and trust duties.

Lisa M. Vanderford-Anderson, Reservation Attorney, Tulalip Tribes, is also a Tribal Appellate Judge for the Northwest Intertribal Court System and a Mediator. She is experienced in employment law and dispute resolution. Her practice includes employment law (litigation and HR advising), Elder Protection, Child Welfare and other civil matters.

Ava (Xiaoqiu) Wang, Senior Counsel, Ater Wynne LLP, focuses on American immigration law. She is experienced in employment visa and the EB-5 investment program, particularly designation of a regional center and investor's I-526 and I-829.

Leilani Wilson-Walkush, Senior Consultant, Breakwater Investment Group, LLC, is an enrolled member of the Central Council of Tlingit & Haida Indian Tribes of Alaska, and is a shareholder of two Alaska Native Corporations - Sealaska Corporation and Goldbelt, Inc. She is experienced as both a successful financial advisor and a champion of Native awareness.