Human Resource Law by 3Z4LUP

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									                         Human Resource Law
                        Professor Paula Colby-Clements

EMAIL:         pcolby@mslaw.edu
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


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                     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



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       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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