April 2019 - Level III Training Material

3/25/19

Why the Separation? Protect the Owner (Tribe) from employment related claims Commission is not the employer so work is not credited to the employer Licensing decisions are not made by employer Commission does not decide to hire, discipline, terminate or retain an employee However actions licensing actions could impact employment eligibility

What About Tribal Sovereign Immunity Remember: IGRA does not specifically impose federal employment laws on gaming operations, however IGRA impacts employment thus implicating employment law Remember: As a general rule, statutes by their own terms “applying to persons” includes Tribes and their “property interests” ◦ Federal Power Commission v. Tuscarora Nation , 362 U.S. 99 (1960)

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