Responses to Public Inquiries

A Response to Public Inquiry under the Mashantucket Pequot Tribal and Native American Preference Law, 33 M.P.T.L. ch. 1 et seq., as amended, provides the public with the MERO’s interpretive guidance relating to a specific public inquiry.

RPI Number Date of Issuance  Public Inquiry Subject Summary Description1
RPI-33-0901

August 18, 2009

Filling position vacated 5 days after reduction in force Whether an employer is required to post or otherwise advertise a position vacated for 5 days after a reduction in force, or may it be filled with one of the laid off employees?
RPI-33-0902 September 4, 2009 Transferee's return to original position within probationary period Whether an employer is required to post or advertise a position an employee vacated if a company policy allows the employee to return to their original position within their new position's 90-day probationary period?
RPI-33-0903 September 16, 2009 Temporary positions Whether an employer is required to post or otherwise advertise its temporary positions.
RPI-33-0904(2) October 14, 2009 Positions posting requirement if position offered to individual with the highest preference Whether a position is required to be posted or advertised if it is offered to an individual with the highest preference.
RPI-33-0905 November 17, 2009 MERO investigative interview of non-managerial employee of employer Whether counsel for an employer may be present during the MERO's investigative interview of a non-managerial employee.
RPI-33-1301 March 22, 2013 Light duty program Whether the Preference Law requires a light duty program offered by a Tribal employer to participants in the Tribe's Disability Program to be made available to preference eligible individuals other than Tribal Members?
RPI-33-2101 July 27, 2021 Transfers from off Reservation; natural progression (1) Whether the Preference Law restricts a business from promoting of transferring existing employees from off-Reservation locations to positions on the Reservation? (2) Whether a promotion or transfer of an existing employee from an off-Reservation location to a position on the Reservation constitute a "natural-progression" exception to affording preference? 
RPI-33-2102 July 27, 2021 Liability for contractor noncompliance Whether a business within the MERO's jurisdiction is liable for violations of the Preference Law by its contractor?
RPI-33-2501 March 27, 2025 Single employer Factors the MERO considers when determining whether two or more related business entities operating on the Reservation will be considered a "single employer" for purposes of meeting the five-employee threshold set forth in the Preference Law's definition of "Employer."
1 The inquiry subject and summary description are for the convenience of the reader. If the subject or summary description are inconsistent with the substance of the RPI, the RPI controls.
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