11/10/22
• Protect Tribe (owner) from potential employment related claims due to regulatory issues • Commission is not employer • No involvement in hiring, promotion, retention, discipline, termination decisions • Licensing decisions are not made by employer • Caveat: Licensing actions could impact employment – proceed with caution
Getting to the Why – What Risk?
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• SI cannot be waived unless the Tribe states so unequivocally, right? • Yes, but in business sense many tribes have completed a limited waiver of SI • Reason Tribes set up corporate structures • Code Check! • Compact Check! • Other considerations • Corporate Structure • Operations • Scope of Duties
What about Sovereign Immunity?
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