Employment Law

Employment Law

Prof. Eric M. Fink

Elon Law School

Employment Law

Eric M. Fink
efink@elon.edu
336-279-9334
Office hours by appointment

Fall 2017
Room 105
Mondays & Wednesdays, 8:30 – 10:15 am

Description

This course surveys federal and state laws governing employment. Topics to be covered include establishing an employment relationship; recruitment & hiring; supervisory control and employee autonomy; confidentiality & competition; wages & hours; workplace safety & health; termination of employment; and enforcement & remedies. Some of the issues touched on in this course are covered in further depth in other courses, such as Employment Discrimination and Labor Law.

After completing the course, you should be able to recognize and diagnose legal issues and problems arising in the employment context, to analyze those issues and problems under the applicable law, and to help clients avoid those issues and problems or remedy them when they arise. Simulation problems provide an opportunity to develop practical skills for representing clients in employment matters.

Requirements & Grading

Class sessions for this course will combine traditional law school format (lecture & discussion of assigned readings) and simulation problems. I expect you to complete all reading assignments before class, to attend each class session, and to engage constructively in class discussions and simulations.

Your grade for the course will be based on your contributions to in-class discussions and simulations (20%), your performance on written simulation assignments (20%), and a final take-home examination (60%). Excessive absences (3 or more classes), persistent lack of preparation, or inattention during class (including but not limited to inappropriate use of computers or electronic devices) may result in a reduction of your grade.

Elon Law School has adopted the following attendance policy for all courses:

The Law School administers a policy that a student maintain regular and punctual class attendance in all courses in which the student is registered, including externships, clinical courses, or simulation courses. Faculty members will give students written notice of their attendance policies before or during the first week of class. These policies may include, but are not limited to: treating late arrivals, early departures, and/or lack of preparation as absences; imposing grade or point reductions for absences, including assigning a failing grade or involuntarily withdrawing a student from the class; and any other policies that a professor deems appropriate to create a rigorous and professional classroom environment.

In case of illness or emergency, students may contact the Office of Student and Professional Life, which will then notify the student’s instructors. A student may notify the faculty member directly of a planned absence and should refer to individual faculty members regarding any policy that may apply. In the case of prolonged illness or incapacity, the student should contact the Office of Student and Professional Life.

The Law School honor code applies to all activities related to your law school study, including but not limited to conduct during class and examinations.

Required Materials

Assigned readings (see “Outline & Reading Assignments” below) are available via the course website: emfink.net/EmploymentLaw

Rachel Arnow-Richman & Nantiya Ruan, Developing Professional Skills: Workplace Law (West Academic 2016)

Outline & Reading Assignments

Introduction

Historical Background

Reading

Contemporary Labor Markets

Reading

The Employment Relationship

Employees

Problem
  • The Canine Trainer (Workplace Law, Chap. 1)
Reading

Employers

Reading

Recruitment & Hiring

Pre-Employment Screening & References

Problem
  • The High-End Mechanic (Workplace Law, Chap. 3)
Reading

Discrimination in Recruitment & Hiring

Reading

Supervision & Control

Supervision & Control in the Workplace

Reading

Supervision & Control Outside the Workplace

Problem
  • The Facebook Post (Workplace Law, Chap. 6)
Reading

Employee Dignity

Problem
  • A Troublesome Crew (Workplace Law, Chap. 7)
Reading

Employee Duties Toward Employer

Loyalty & Confidentiality

Reading

Restrictions on Future Employment

Problem
  • The Doctor Is In (Workplace Law, Chap. 5)
Reading

Wages & Hours

Problem
  • At Your Service (Workplace Law, Chap. 11)
Reading

Health & Safety

Workers’ Compensation

Occupational Safety & Health

Terminating Employment

Employment-at-Will

Reading

Contract & Tort Claims for Wrongful Termination

Breach of Contract & Estoppel

Problem
  • In-House at Big Pharm (Workplace Law, Chap. 2)
Reading

Bad Faith & Intentional Torts

Reading

Negligence

Reading

Tort Against Public Policy

Reading

Statutory Limits on At-Will Termination

Discrimination, Retaliation, & Whistle-Blower Protection

Problem
  • The Smart-Tek IPO (Workplace Law, Chap. 4)
Reading

Statutory Good Cause Requirement

Reading

Unemployment Compensation

Reading

Enforcement & Remedies

Administrative Enforcement

Reading

Arbitration

Problem
  • The Aging Chocolatier (Workplace Law, Chap. 10)
Reading