This course explores the law surrounding the relationship between employers and individual employees, focusing primarily on the following areas: (1) Distinctions between “employees” and other types of workers, and why they matter; (2) The "default rule" of employment-at-will and the ways it can be modified; (3) Statutory and common law exceptions to at-will employment, including whistle-blowing, public policy and tort exceptions; (4) Employee privacy & drug testing issues; (5) The additional rights and responsibilities of government employees (e.g., free speech & due process rights, limitations on political rights); (6) Laws protecting employees from discrimination on the basis of protected characteristics (e.g., race, national origin, sex, sexual harassment, age, disability), and their enforcement schemes; (7) The Fair Labor Standards Act (FLSA) and its minimum wage & overtime premium protections; (8) The Family Medical Leave Act (FMLA) and its protections for employees with serious health conditions; and (9) A look at employees’ duties to their employers, including the duty of loyalty, duties involving trade secrets, and obligations not to compete. Please note that Employment Law is distinct from Labor Law, which generally governs the relationship between employers and labor unions representing their employees, dealing with topics such as collective bargaining, strikes, labor contract enforcement, and similar matters.
Textbooks ( * denotes required )
Employment Law: Cases and Materials
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Burton, John, Willborn, Steven, Schwab, Stewart, and Lester, Gillian
Deats, Bruce Craig 