Law 261 Employment Law

Law 261 Employment Law

This course is a survey of employment law. We will explore the relationship between the employer and employee and their respective rights and duties. The course will address how the common law and state and federal statutes regulate the workplace, beginning with the origins of the legal category “employment.” As we explore the doctrine, and especially as we address any open questions about its meaning and direction, we may bring to bear economic, social, and moral considerations, as well as historical context. We will cover such topics as “at will” employment; the threshold question of employee status (“independent contractor misclassification,” and the joint employer doctrine); other threshold questions of coverage (such as statutory exemptions); state and federal wage/hour laws; workplace safety (OSH); mandatory arbitration agreements; privacy rights in the workplace; special legal features of public employment; trade secrets and post-employment contracts; and selected topics regarding the intersection of employment law and labor law. We will also briefly survey some intersections with bodies of law outside workplace regulation, especially commercial law (e.g., the law of corporations), and as time permits, immigration law, criminal law, and/or public benefits law.

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