Employment Law

Employment Law

Elon Law School

Winter 2025

Room 105

Monday & Wednesday, 10:30 am – 12:15 pm


Professor: Eric M. Fink

efink@elon.edu

336-279-9334

Office hours: https://calendly.com/emfink

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 2024) (“Casebook”). The casebook is available on the course website: emfink.net/EmploymentLaw.

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 Disability Services 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 6

Employment as a Socio-Legal Relationship

Casebook, Chap. 1

January 8

Labor Organizing & Collective Bargaining

Casebook, Chap. 2

 

 

 

 

Establishing an Employment Relationship

 

January 13

Identifying Employees

Casebook, Chap. 3, § 1

January 15

Identifying Employers

Casebook, Chap. 3, § 2

January 22

Recruitment & Hiring

Casebook, Chap. 3, § 3

January 27

Assignment 1 due

The Canine Trainer (Workbook, Chap. 1)

 

 

 

 

Scope & Limits of Employer Control

 

January 29

Privacy, Autonomy, & Dignity

Casebook, Chap. 4, § 1.1

February 3

Workplace Rules & Protected Concerted Activity

Casebook, Chap. 4, § 1.2

February 5

Control Outside Work

Casebook, Chap. 4, § 2

 

 

 

 

Employee Duties to Employers

 

February 10

Confidentiality

Casebook, Chap. 5, § 1

February 12

Loyalty

Casebook, Chap. 5, § 2

February 17

Assignment 2 due

The Doctor Is In (Workbook, Chap. 5)

 

 

 

 

Wages & Hours

 

February 19

Minimum Wage, Overtime, & Wage Payment

Casebook, Chap. 6

 

 

 

 

Employee Health & Safety

 

February 24

Medical Leave & Disability Discrimination

Casebook, Chap. 7, §§ 1 & 2

February 26

OSHA & Workers’ Compensation

Casebook, Chap. 7, §§ 3 & 4

 

 

 

 

Terminating Employment

 

March 3

Employment-at-Will

Casebook, Chap. 8, § 1.1

March 5

Contractual Claims

Casebook, Chap. 8, § 1.2

March 10

Tort Claims

Casebook, Chap. 8, § 1.3

March 12

Statutory Claims

Casebook, Chap. 8, § 1.4

March 17

Unemployment Compensation

Casebook, Chap. 8, § 2

March 17

Assignment 3 due

The Smart-Tek IPO (Workbook, Chap. 4)