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Spring 2020
LAW246  A  EMPLOYMENT LAW

Course Description
This class provides a survey of the law governing the employment relationship. On completion of this course, students will have acquired understanding of the basic sources of regulation of the employment relationship and the competing legal models for regulating the workplace. Students will also develop a deeper knowledge of the particular legal rules governing employee job security, mobility, privacy and voice, and the terms and conditions of employment. On completion of this course, students will also have developed skills in interpreting statutory and judicial texts and applying them to new factual contexts. The primary emphasis is the legal rights of the individual employee. The materials will also offer an introduction to the right to collective job security under the National Labor Relations Act, and to the basic claims and defenses available under Title VII of the Civil Rights Act, but are not intended to provide comprehensive coverage of those areas of the law. Students interested in anti-discrimination law are encouraged to take Employment Discrimination Law. Students interested in unionized workplaces are encouraged to take Labor Law.

Course Schedule
Dates Day Time Room
01-13-2020 - 04-21-2020   MW  9:30 AM-10:50 AM F200

Course Frequency
This course is usually offered once every academic year

Course Information

Credits: 3
Pass/Fail Option: Yes
Prerequisite:
Grading: Graded
Method of Evaluation: The assessment of students' learning will be through a combination of assignments during the semester and an anonymous, timed final examination at the end of the semester.
Graduation Requirements Fulfilled By Course:
General
Special Attributes: None
Course Delivery:

Special Restrictions: Limit to 25 students.
Law Track(s):
Business & Taxation - Related
Employment & Labor - Basic
Entertainment, Music, & Sports - Related
Government & Regulation - Specialized
Social Justice - Specialized
Bar Subject(s): None
Concentration(s):
Business Compliance and Sustainability (Area of Focus)   More information
Business Compliance and Sustainability (Concentration)   More information
Immigration, Asylum, and Citizenship Law Area of Focus (Area of Focus)   More information
Social Justice & Public Interest (Area of Focus)   More information
Social Justice & Public Interest (Concentration)   More information
Course Book(s):
Textbook Required:
Yes  
  • Textbook Name: Work Law
    Textbook Type: Hardcover
    Requirement: Required
    Author: Crain, Kim, Selmi
    Publisher: Lexisnexis
    Edition: 3
    ISBN: 9781632815385
      
  
First Class Assignment(s):
  • Assignment: Note to students: on the first day of class I’ll give a general overview of the course, and we’ll have a general discussion about the importance of work to individual and social wellbeing. Please come prepared to say a few words about what makes work “good” or “bad” in your mind, perhaps with examples from your past jobs, and to discuss the Lochner case. Readings: • The meaning of work: Karst excerpt and notes 1-5, pp 3-8 • The rise and fall of freedom of contract: Lochner and notes 1, 3, 5, 6, pp 9-21 o Note: I’ll assume familiarity with Lochner. In reading it, you need not focus on the constitutional analysis, but rather on the tension between freedom of contract and worker protection legislation. • The rise and fall of unionism (skim): pp 21-38 o Note: we will cover this in class two but will introduce it in this class.

    Material:
    The required textbook is Work Law: Cases and Materials, 3rd Edition (2015) by Marion Crain, Pauline Kim and Michael Selmi.

    Additional Information:
    Room E265
      

    Elmore - Employment Law Syllabus Spring 2020.pdf
    Work Law Cases and Materials - Pages 1 - 38 - First Class Assignment - Spring 2020.pdf

 
Professor(s)

ELMORE, ANDREW


Biography
Contact Information:
Email: aelmore@law.miami.edu
Phone: 305-284-8454
Office: G466