LAWA794-06 Employment Law in Capitalist America

This course provides a foundational survey of key state and federal laws that protect employee rights and employer interests in the workplace.After beginning with a discussion of the various legal paradigms implicit in workplace regulation, the course is organized around five themes: (1)The Rise and Questionable Fall of At-Will Employment; (2) Job Security, Employee Mobility & Workplace Freedom; (3) Wage and HourLegislation; (4) The Laws Governing Workplace Accidents and Safety, and (5) Private Dispute Resolution and Arbitration in the Workplace. Thecourse will address these themes in the context of a globalized labor market, the safety net protecting the low-wage workforce, non-standardwork arrangements, and the impact of web-based communications in the workplace. For questionable pedagogical reasons, "employment law" isusually separated from the study of "labor law." and from "employment discrimination law." Consequently, by design the course does not cover ingreat depth the National Labor Relations Act public sector labor law, or the laws protecting workers from status-based discrimination (e.g. TitleVII of the Civil Rights Act the Americans with Disabilities Act). However, the course does introduce these laws and the legal rules governing theright to form unions and collectively bargain as well as the protections afforded to employees because of discrimination based on race, gender,disability, sexual orientation, etc. The readings are inevitably somewhat eclectic and the structure of this course attempts to grapple with whatare truly academic distinctions separating one area of workplace law from another because employers and employees routinely grapple withworkplace disputes that arise under a complex web of interrelated and sometimes conflicting legal rules. There is a final exam in this course.(Credits may be applied toward Public Interest Practice concentration and Transactional Law Practice concentration.)