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Spring 2022
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 a brief conceptual introduction to labor law and will occasionally touch on employment discrimination, 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
01-18-2022 - 04-25-2022   MW  2:00 PM-3:15 PM F108

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:
Residential
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: Cases and Materials
    Textbook Type: Hardcover
    Requirement: Required
    Author: Marion G. Crain, Pauline T. Kim, Michael Selmi and Brishen Rogers
    Publisher: Carolina Academic Press
    Edition: Fourth Edition
    ISBN: 9781531013264
      
  
First Class Assignment(s):
  • Assignment: Dear Students, I hope that you had a nice break! Welcome back to UM, and to Employment Law. As announced, Employment Law will meet in January online, and then shift to in-person classes at the end of the month. Our first class will meet on Zoom, which you will be able to access through the class Blackboard site (now available). For our first class on Wednesday, January 19, 2022, please read the assigned casebook readings for the first class, which are: • The meaning of work: Karst excerpt and notes 1-5, pp 3-10 • The rise and fall of freedom of contract: Lochner and notes 1, 3, 5, 6, pp 12-24 • The rise and fall of unionism (skim): pp 24-28, 32-41 I am attaching the casebook, Work Law, as a pdf through page 41 to make sure you have access to these readings. Please also review the attached syllabus, especially the class policies. 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. In reading Lochner, you need not focus on the constitutional analysis, but rather on the tension between freedom of contract and worker protection legislation. 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. We will break into small groups to do this. I will also lecture through the rise and fall of unionism (pp 24-28, 32-41) to tee up class two. I look forward to seeing you on Wednesday, January 19, 2022 in our first Employment Law class of the semester. All the best, Andrew Elmore

    Material:
    Required Reading Materials: Work Law: Cases and Materials, Fourth Edition by Marion G. Crain, Pauline T. Kim, Michael Selmi and Brishen Rogers, published by Carolina Academic Press, ISBN 9781531013264
      

    Elmore EL Syllabus Spring 2022.pdf
    First Class Readings.pdf

 
Professor(s)

ELMORE, ANDREW


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