Employment Law (629-1)

Instructors

Sarah Brown
McCormick 278
Office Hours: Thursdays, 12-1:30 p.m. via Zoom

Meeting Info

Levy Mayer 204 - Booth Hall: Mon, Tues, Wed 2:35PM - 3:30PM

Overview of class

Work occupies a central place in our lives—often more time spent at the office than at home—making the regulation of workplace relationships profoundly influential on our personal and societal well-being. Employment law governs many of the stakes we care about most: sustaining a livelihood, finding meaning in our careers, and preserving dignity on the job. From a business perspective, a company's achievements—and the broader health of our economy—pivot on attracting and retaining talented workers, especially in a high-skill, service-driven marketplace.

This course will examine the complex relationship between private autonomy and regulatory oversight. Historically, employment began as a status-based relationship, similar to feudal bonds, with the law prescribing rigid roles. Over time, the pendulum swung toward freedom of contract, allowing individuals and employers to negotiate their own terms. However, as the twentieth century progressed, courts reintroduced "status-like" rules guaranteeing worker security, and Congress enacted major statutes addressing workplace safety, retirement, and discrimination.

In the twenty-first century, another shift is underway: courts are increasingly enforcing employer-drafted agreements—such as arbitration clauses, non-compete provisions, and independent contractor contracts—reflecting a resurgence of private ordering. Throughout the semester, we will probe this dynamic tension: to what extent should the law protect workers who often lack leverage, and when should we honor negotiated agreements?

Equally, this course is about the craft of legal practice. Employment law is a mosaic of statutes and judicial doctrines that must reconcile the often personal, long-term nature of work with its transactional dimensions. You will learn to counsel clients proactively—drafting employment policies, anticipating legal challenges—and to advocate strategically through litigation or negotiation.

Please note: This class will include 2-3 weeks of material regarding employment discrimination, but students should take an Employment Discrimination course to gain an in-depth understanding of that area of the law.

Learning Objectives

Topics we will cover include:

Defining "Employee" and Its Significance

At‑Will Employment & Its Exceptions (Contractual, Statutory, Tort‑Based)

Negotiated Workplace Terms (e.g., Arbitration, Non‑Competes)

Regulation of Wages, Hours and Conditions of Employment

Employer Liability & Employee Duties

Strategic Structuring - Hiring Practices, Personnel Policies, Risk Mitigation

Evaluation Method

15% class participation and 85% exam. Class participation includes three, short (2-3 pages) ungraded written assignments

Class Materials (Required)

Case book

Class Attributes

Open to First Year Students
Business/Corporate transactions an element
Labor and Employment Law present in course
Public Interest