Employment Law

Employment Law

Elon Law School

Winter 2024

Room 105

Monday & Wednesday, 10:30 am – 12:30 pm


Professor: Eric M. Fink

efink@elon.edu

336-279-9334

Office hours by appointment

Description

This course surveys federal and state laws governing employment, in both the individual and organized labor settings. Topics to be covered include establishing an employment relationship; recruitment & hiring; the scope and limits of supervisory control; confidentiality & competition; wages & hours; employee health & safety; and termination of employment.

After completing the course, you should be able to recognize and diagnose legal issues arising in the employment context, analyze those issues under the applicable law, and help clients avoid legal problems or pursue remedies when they arise. Simulation problems, including in-class discussion and take-home assignments, provide an opportunity to develop practical skills for representing clients in employment matters.

Materials

Required

Employment Law: An Open-Source Casebook (Fink 2023) (“Casebook”). The casebook is posted online as part of the course website: emfink.net/EmploymentLaw. A PDF copy is available for download on the Table of Contents page.

Rachel Arnow-Richman & Nantiya Ruan, Developing Professional Skills: Workplace Law (West Academic 2017) (“Workbook”).

Suggested

Ann Hodges & Rafael Gely, Principles of Employment Law (West Academic 2016). Digital version available at no cost through the West Academic Online Study Aids Collection.

Policies

Grading

Your final grade for the term will be based on three problem assignments (25% each; 75% total) and your contributions to in-class discussion (25%). There will be no final exam or paper for this course.

The graded problem assignments (from the Developing Professional Skills workbook) and due dates are indicated in the “Schedule & Assignments” section of the syllabus. I will provide further information about each assignment in class before it is due.

Attendance

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.

Disability Accommodations

For disability accommodation requests, contact the Elon Law Registrar’s Office.

Honor Code

The Law School honor code applies to all activities related to your law school study, including conduct during class and examinations.

Schedule & Assignments

Date Topic Assignment
     
  Foundations of Employment Law  
January 3 Employment as a Socio-Legal Relationship Casebook, Chap. 1
January 8 Labor Organizing & Collective Bargaining Casebook, Chap. 2
     
  Establishing an Employment Relationship  
January 10 Identifying Employees Casebook, Chap. 3, § 1
January 17 Identifying Employers Casebook, Chap. 3, § 2
January 22 Recruitment & Hiring Casebook, Chap. 3, § 3
January 24 Assignment 1 due The Canine Trainer (Workbook, Chap. 1)
     
  Scope & Limits of Employer Control  
January 24 Privacy, Autonomy, & Dignity Casebook, Chap. 4, § 1.1
January 29 Workplace Rules & Protected Concerted Activity Casebook, Chap. 4, § 1.2
January 31 Control Outside Work Casebook, Chap. 4, § 2
     
  Employee Duties to Employers  
February 5 Confidentiality Casebook, Chap. 5, § 1
February 7 Loyalty Casebook, Chap. 5, § 2
February 12 Assignment 2 due The Doctor Is In (Workbook, Chap. 5)
     
  Wages & Hours  
February 12 Minimum Wage, Overtime, & Wage Payment Casebook, Chap. 6
     
  Employee Health & Safety  
February 14 Medical Leave & Disability Discrimination Casebook, Chap. 7, §§ 1 & 2
February 19 OSHA & Workers’ Compensation Casebook, Chap. 7, §§ 3 & 4
     
  Terminating Employment  
February 21 Employment-at-Will Casebook, Chap. 8, § 1.1
February 26 Contractual Claims Casebook, Chap. 8, § 1.2
February 28 Tort Claims Casebook, Chap. 8, § 1.3
March 4 Statutory Claims Casebook, Chap. 8, § 1.4
March 6 Unemployment Compensation Casebook, Chap. 8, § 2
March 11 Assignment 3 due The Smart-Tek IPO (Workbook, Chap. 4)
     
  Wrapping Up  
March 11 Recent Developments TBA