This course introduces students to the principal statutes and common-law doctrines governing the workplace and the employment relationship. Workplace violations and disputes typically give rise to multiple claims arising under different sources of law, so commanding knowledge of a variety of statutes and doctrines is crucial for legal practice. This survey course will introduce the history of workplace regulation and the evolution of modern employment practices. It will familiarize students with: common law doctrines including employment-at-will and its contract- and tort-based exceptions; the law governing employee mobility, including non-compete agreements and employers rights in trade secrets; employees speech and privacy rights; labor law; wage and hour laws; workplace safety; and, time permitting, employment discrimination and sexual harassment law. The course will also address procedural matters that emerge in work law practice, including class action litigation and mandatory arbitration.
The course will involve theoretical and experiential components, coupling rigorous analysis of and thought about workplace regulation while also learning core aspects of legal practice in representing workers and employers. To this end, in addition to assigned cases, statutes, and secondary materials, students will be given a number of practice assignments for drafting legal work product applying what they have learned from the reading materials.
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