Labor Law and Statutory Employment Law

  • Typically offered every other year

Labor Law and Statutory Employment Law - Professor Henry Drummonds

  • Course Type: Foundational
  • Credits: 3
  • Enrollment Limit: Determined by the Registrar
  • Description: This course covers federal and state statutory regulation of the terms of employment in 6 critical areas: 1. “Total” Compensation , 2. Paid and Unpaid Leave, 3. Protection for Whistleblowers, 4. Occupational Health and Safety, and Compensation for Workplace Injury and Disease, 5. Workplace Intellectual Property, and 6. Collective Bargaining and Concerted Activity Rights. “Total Compensation” includes “wage and hour” regulation (focusing on “overtime” pay disputes), as well as regulation of “employee benefits” (focusing on issues of fiduciary duty and preemption of state law). Leave laws affecting pregnancy, serious medical conditions, conventional sick leave, and military assignments will also be studied. Statutory regulation protecting whistleblowers constitutes a growing and pervasive exception to Employment at Will, with important public policy implications in many areas of law such as government contracts and financial wrongdoing. The Occupational Health and Safety Act, and state OSHA Plans provide a sharply contrasting type of workplace regulation with major impacts in agriculture, factories, trucking, and other industries, and systems for compensating workplace injury and disease are the opposite side of workplace safety. The Intellectual Property aspects of employment law include the duty of loyalty, trade secrets law affecting employees, non-competition agreements, and “anti-poaching” agreements —- issues linked by the overarching question of who owns the ideas and skills that increasingly constitute wealth in the modern economy. Protections for concerted activity and unionization under the National Labor Relations Act and state laws will be covered as a “wrap around” perspective for each of the areas described above, asking the question, “how does conventional ‘Labor Law’ affect the regulation of compensation, leave, whisteblowers, occupational safety and injury, and workplace intellectual property?
  • Prerequisite: none but Employment Law I is recommended
  • Evaluation Method: Final exam
  • Capstone: no
  • WIE: no