Human Resource Law

Professor Paula Colby-Clements

EMAIL:

WEBSITE: http://www.mslaw.edu/clements.htm

PHONE: 978.681.0800

Text: TWEN

www.lawschool.westlaw.com

Class Days/Time: Monday 9:30 – 12:00

SCOPE:

This course is designed to examine the body of laws that address the legal rights of and restrictions on employees and employers in the workplace. This body of law includes federal discrimination statutes, civil rights, collective bargaining, and fair labor standards. In addition, we will examine corresponding Massachusetts Laws that grant employees rights in the workplace. The laws will be examined, through case analysis and case studies, with specific focus on how those laws impact the biggest concerns facing Human Resource Managers in the workforce today. The course will balance analysis of traditional case law and statutes with professional training that relates to conduct in a business setting.

Weeks 1-3

Overview of Employment Law/HR Law

Topics: Top Ten Issues facing Human Resource Managers today.

Effective Management in the workplace and how the statutory schemes covered over the course of the semester impact effective management of the workplace.

Article: Top ten issues facing managers today.

Workshop: students to brainstorm problems they think are encountered by management in the workplace. Problems raised will be resolved through the course of the semester as we work through the applicable laws.

Employer/Employee Relationship

Topics: Employment Law

Employee/Independent Contractor Problem

National Labor Relations Act.

MGL. Ch. 150A-E

Dept. of Labor Relations 456 CMR

Contractual Rights

Tort Claims

Enforcement and Remedies

Weeks 4-6

Employment Discrimination

Topics: Discrimination Issues

Age Discrimination Act (ADEA)

29 U.S.C. §§ 621-634

MGL Ch. 149 § 24a

Americans with Disabilities Act (ADA)

42 U.S.C. §§ 12101-12213

Employment Discrimination

Topics: Title VII of the Civil Rights Act

42 U.S.C. §§ 2000e

Race, ethnicity and National Origin

Massachusetts Commission Against Discrimination

(MCAD)

MGL Ch. 151B

Weeks 7-9

Gender, Pregnancy, and Sexual Harassment

Massachusetts Commission Against Discrimination

(MCAD)

MGL Ch. 151B

Massachusetts Maternity Leave Act ("MMLA")

M.G.L. c. 149, §105D

Same-Sex Sexual Harrassment

Sexual Orientation Discrimination

Weeks 10-11

Race/Ethnicity/National Origin

The Immigration Reform and Control Act (IRCA)

8 U.S.C. § 1324

MGL 151B § 4

I-9 Issues/proper documentation

Religious Discrimination

804 CMR 3.01(7)(a)

Intrusion into Privacy

Testing/medical Exams/drug testing

Employee polygraph Protection Act

29 U.S.C. § 2001

Electronic Monitoring/emails/phone calls

Weeks 12-14

Accommodating Personal, Family and Civic Needs

Topics: Family Medical Leave Act

29 U.S.C. §§ 2601

M.G.L. 149 §§ 52D, 105D, Ch. 151B § 1(5)

Accommodating Personal, Family and Civic Needs

Topics: Military Service

Jury Duty

M.G.L. Ch. 234A §§ 48

Weeks 14-15

Management of the workplace within the confines of the Law

In light of all the over-riding statutory schemes discussed how do managers deal with the:

Drafting and Enforcement of Company Policies

Employee Access to personnel files

Defining who your employees are (employee v. independent contractor)

What creates an employee contract (can an employee handbook create an employment contract)

Review

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