Employment & Labor Law
Employment and Labor Law include all areas of the law that touch upon the employee-employer relationship, including discrimination law and traditional labor law. Please note that some courses are not offered every year.
Employment Discrimination: LAW JD 853
Comprehensive coverage of federal and state statutory anti-discrimination and accommodation laws governing employment. Federal statutes treated include Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Equal Pay Act, and section 1981. Constitutional equal protection law also will be treated where applicable. Topics include disparate treatment, disparate impact, systemic disparate treatment, harassment, retaliation, remedies, including affirmative action, and procedural choices. This course does not substantially overlap either Employment Law or Labor Law and can be taken in addition to those courses.
Employment Discrimination and Employment Law: LAW JD 865
The course focuses on race, sex, age, and disability employment discrimination prohibitions. Affirmative action, religious discrimination, constitutional protections of public sector workers, anti retaliation and whistleblower laws, common law protection against arbitrary dismissals, the FMLA, and the FSLA are also covered. Important procedural issues, including arbitration, also are treated. RESTRICTION: Students who enrolled in Employment Discrimination (JD 853) may not register for this course. Students who enrolled in Employment Law (JD 834) may register for this course.SPRG 2019: LAW JD 865 A1 , Jan 14th to Apr 24th 2019
|Mon,Wed||2:10 pm||4:10 pm||4||Michael C. Harper|
Employment Law: LAW JD 834
This course will provide a comprehensive overview of the legal regulation of employment in the U.S. We will study the at-will default rule (and many of its modifications) as well as tort protections for employees, speech and privacy protections, and workplace disputes about property rights (specifically trade secrets and non-compete agreements). We will also review the basic requirements of wage and hour law and workplace safety regulations. Finally, we evaluate the efficacy of workplace misconduct investigations, layoff management and employment practices liability coverage. There are no prerequisites for this course and students may opt to write a 30 page research paper in lieu of a 3 hour final examination if they wish.
Labor Law: LAW JD 851
Survey of modern labor management and union relations law in the private sector. Organization of workers and the representation process; collective bargaining; unfair practices, employer and union; negotiation and enforcement of collective agreement, including arbitration; regulation of strikes and lockouts. Administrative law and federalism principles will be treated. Employment discrimination and other individual employee protection laws are not treated in this course.
Civil Litigation Program (C): LAW JD 861
THIS CLASS IS RESTRICTED to students who have formally applied to and been accepted to the Civil Litigation Program. Student in the Civil Litigation Program handle their own case loads, representing indigent clients in civil cases under the supervision of clinical faculty. Students may participate in the Program for either a full year (the Housing, Employment, Family and Disability Clinic (HEFD)) or for one semester (the Employment Rights Clinic (ERC)). Students participating in the HEFD Clinic work on cases in areas such as domestic relations, eviction defense, employment law and Social Security appeals. Students in the ERC represent clients in unemployment compensation cases, with a possibility of working on wage and hour disputes, discrimination/sexual harassment cases, and Family Medical Leave Act cases. PRE/CO-REQUISITES: Evidence. NOTE: The Civil Litigation Program counts towards the 6 credit Experiential Learning requirement. GRADING NOTICE: This course does not offer the CR/NC/H option.FALL 2018: LAW JD 861 A1 , Sep 4th to Dec 6th 2018
Current Issues in Employment Law (S): LAW JD 906
This seminar focuses on selected developments in employment law as seen from the perspective of a practitioner. Topics include exceptions to the at-will doctrine and expanding theories of job protection; emerging trends such as family responsibilities discrimination and retaliation claims; the role of unions in an increasingly non-union private sector workplace; and cutting edge issues in discrimination and wage and hour claims. The grade for the course will be based on several take-home problems, a final paper, and class participation. PREREQUISITE: A prior course in labor or employment law, or permission of the instructor, is required. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. GRADING NOTICE: This class will not offer the CR/NC/H option. OFFERING PATTERN: This class is frequently offered in alternating years. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
Business Immigration: LAW JD 807
This course will provide an overview of business immigration law, with a particular focus on how various federal administrative agencies are engaged in shaping a complex, multidisciplinary immigration law ecosystem for employers. In addition to a substantive overview of nonimmigrant and immigrant visa classifications throughout the course, we will explore how immigration laws are informed by, and overlap with, other key areas such as corporate and securities law, employment and labor law and tax law. Topics will include entity formation of new businesses; visa challenges in entrepreneurship; immigration obstacles faced by multinational businesses; immigration consequences of mergers and acquisitions; the intersection of business immigration with employment laws; enforcement trends targeted at employers; and the role of the IRS and tax laws in business immigration. We will also briefly review administrative law basics, explore the parameters of executive power in shaping business immigration law, and examine the plenary power of the President over immigration. Throughout the course, we will discuss how debates about outsourcing, unemployment and national security, among others, inform a complex national discussion about business immigration. We will also identify, examine and discuss core professional responsibility issues that arise in business immigration practice. There are no prerequisites for this course. There is no writing requirement, but there will be weekly quizzes and a final examination. Class attendance and participation are essential.SPRG 2019: LAW JD 807 A1 , Jan 14th to Apr 24th 2019
|Mon,Wed||6:30 pm||7:55 pm||3||Douglas Hauer|
Disability Law (S): LAW JD 749
This seminar surveys the evolution of federal law as it relates to people with disabilities. We will cover disability discrimination in the areas of employment, education (elementary and secondary), government services, public accommodations run by private entities, and housing. In exploring these areas we will examine relevant case law and statutes (i.e. the ADA and its amendments, the Rehabilitation Act of 1973, the IDEA, and the Fair Housing Act) and their implementing regulations and guidance. In addition to studying legal authorities, we will engage in practical classroom exercises and hear from attorneys practicing in disability law-related settings. Readings will be assigned from Colker & Grossman, The Law of Disability Discrimination (8th ed. 2013); Colker & Grossman, The Law of Disability Discrimination Handbook: Statutes and Regulatory Guidance (8th ed. 2013)(also available online), and supplemental material. Grades will be based on class participation and a final paper. LIMITED WRITING REQUIREMENT OPTION: A limited number of students may be permitted to satisfy the upper-class writing requirement with the approval of the Associate Dean for Academic Affairs. **A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.FALL 2018: LAW JD 749 A1 , Sep 6th to Dec 6th 2018
|Thu||4:20 pm||6:20 pm||3||Robyn Powell|
ERISA Regulation of Retirement Plans: LAW TX 905
Regulation of pension and profit sharing plans by the Internal Revenue Code and Employee Retirement Income Security Act, with particular attention to rules applicable to tax-qualified pension and profit-sharing plans, including rules governing the structure of benefits and taxation of contributions and distributions.FALL 2018: LAW TX 905 A1 , Sep 4th to Dec 4th 2018
|Tue||4:20 pm||6:20 pm||2||Russell A. Gaudreau|
Law and Sports (S): LAW JD 886
This seminar will survey a range of legal issues presented by sports in America. There are no pre-requisites. However, students should be prepared to learn and apply basic principles of antitrust law and labor law. Intellectual property law, constitutional law, administrative law, anti-discrimination law, contract law and tort law also will be applied. Topics will include the regulation of the professional sports labor market. The course also will treat the regulation of agent representation of athletes, the regulation of sports franchises and sports leagues, and the regulation of intercollegiate sports, with special attention to the NCAA. Grades will be based on client-directed writing and on oral class participation, including an advocacy presentation. Some students may satisfy the Upperclass Writing Requirement. There is no examination. GRADING NOTICE: This course does not offer the CR/NC/H option. OFFERING PATTERN: This class not offered every year. Students are advised to take this into account when planning their long-term schedule. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.SPRG 2019: LAW JD 886 A1 , Jan 15th to Apr 23rd 2019
|Tue||2:10 pm||4:10 pm||3||Michael C. Harper|