John F. Kennedy University
College of Undergraduate Studies
PLS 3038, Labor and Employment Law
Fall Quarter, 2015
College Mission: Our mission is to provide high quality innovative learning opportunities
that integrate theory, practice, and life experience in a synergistic collegiate environment.
Program Mission: To provide Legal Studies students with a curriculum that is current and
focuses on the practical application of substantive law while encouraging critical thinking,
ethical conduct, and social responsibility.
Instructor:
Amy C. Hirsh, Esq.
Telephone:
TBD
Email:
TBD
Office Hours:
By appointment
Class Days/Time:
Fridays, 7:15-9:45 pm
Units:
4 units
Classroom:
Pleasant Hill Campus, room TBA
Course Description
This course provides students with an overview of the law governing the employment
relationship. The course will explore specific topics in the employee-employer relationship
including: “at will” employment; prohibited discriminatory practices; the difference
between independent contractors and employees and how to classify employees;
considerations in hiring and employer information gathering; regulation of wages, hours,
and leave benefits; and termination of employment. The course will also provide an
overview of the diverse sources of contemporary employment law, court structure, and
role of administrative bodies that enforce employment laws. The course is intended to give
students a basic familiarity with the areas of employment law; an awareness of
employment law issues when encountering them in practice or later coursework; an
understanding of the policy considerations at play; an appreciation for employment law as
a dynamic field with areas of grey, conflict, and tension; and an ability to tap appropriate
legal resources when researching or answering questions about employment law issues.
Students will complete practical assignments that apply the legal concepts learned to reallife tasks handled by attorneys and paralegals working in an employment law practice and
Human Resources professionals.
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
1
Program Learning Outcomes
By the end of this Program, students should be able to:
1. Demonstrate proficiency in oral and written communication
2. Describe and access the ethical obligations and limitations of legal professionals
in specific factual situations.
3. Demonstrate proficiency for legal research, both online and in the library.
4. Describe the role of diversity in American jurisprudence.
5. Apply analytical and critical thinking
Course Learning Outcomes
By the end of this Course, students should be able to:
1. Understand the various sources of employment law and structure of the
employment law enforcement framework.
2. Understand fundamental legal concepts of employment-at-will and independent
contractor vs. employee.
3. Explain the hiring process and the limits on employer information gathering.
4. Understand federal and state laws prohibiting discrimination, harassment, and
retaliation in the workplace, and the mechanics of filing a claim.
5. Understand the terms and conditions of employment, including compensation and
leave of absence policies.
6. Understand the rights of employees relating to workplace privacy and personal
expression, including use of social media.
7. Evaluate the termination process and post-termination obligations.
8. Analyze and apply general legal principles of employment law to hypothetical and
real-world employment issues.
9. Know how to access and navigate key sources of employment law guidance, both
state and federal, including but not limited to the Equal Employment Opportunity
Commission website, the Department of Fair Employment and Housing website, and
the Division of Labor Standards Enforcement website.
10. Understand the roles of attorneys, paralegals, and Human Resources professionals
in the employment law practice.
Required Texts
Rassas, Lori B., Employment Law: A Guide to Hiring, Managing, and Firing for Employers and
Employees, Aspen Publishers, Second Edition, Aspen Publishers, 2014
ISBN: 978-1-4548-4080-0
Additional Readings
Students will receive additional readings on a weekly basis, which will be provided in class
and posted electronically.
Teaching Methodology
The teaching methods used in this course will include lecture, class discussion, small group
exercises, recitation, and practical assignments. This class will also include a one-unit
online component with weekly online assignments.
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
2
Grading
Students will be evaluated on the basis of five pop quizzes, class participation, written
assignments in class and online, four practical assignments, a midterm, and a final exam.
The quizzes, class participation, written assignments, online assignments, practical
assignments, and two exams allow for 600 points to be awarded in this course. A
breakdown of the points follows:
50 points: 5 Pop Quizzes
50 points: Attendance/Class Participation/Case Briefs/In Class Assignments
100 points: Practical Assignments
#1: 25 points
#2: 25 points
#3: 25 points
#4: 25 points
150 points: Online Assignments
#1: 15 points
#2: 15 points
#3: 15 points
#4: 15 points
#5: 15 points
#6: 15 points
#7: 15 points
#8: 15 points
#9: 15 points
#10: 15 points
100 points: Midterm Exam
150 points: Final Exam
600 points total
Course grades will be assigned as follows:
A 95-100%
A- 90-94%
B+ 87-89%
B 83-86%
B- 80-82%
C+ 77-79%
C 70-76%
D 60-69%
F=59% or lower
BlackBoard Information
One or more units for this course is taught in the online modality using Blackboard Learn
as the learning management system. You will be able to access your course(s) the day
prior to the start date by going to MyJFKU at https://my.jfku.edu/ics, logging on
and clicking on the Blackboard (Bb) Learn icon.
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
3
To help familiarize you with the new online course platform, you should take the Student
Orientation Course accessible to you through MyJFKU by clicking on the Bb Learn icon and
clicking on the course link found under, “My Courses.”
Please take this orientation course before classes begin on October 9th!
If you have any problems accessing MyJFKU, please contact our helpdesk by calling 925969-3464 or emailing helpdesk@jfku.edu.
Class Participation and Attendance
This course is a joint endeavor of the teacher and the students. All students are expected to
prepare for and attend all classes and fully participate in class discussions and exercises,
and will receive points toward their final grade for doing so. I consider the class to be a
community of learners and future colleagues. In assessing class participation, I consider a
willingness to ask and answer questions and share ideas more important than being
“right.” We all can learn from each other.
As noted in the University catalog, students are expected to attend all class meetings of
courses in which they are enrolled. Regular class attendance is required by JFKU. A
student who misses more than 20% of class sessions is subject to dismissal. Additionally,
students are required to participate fully in the online portion of the course, which is
approximately one hour per week.
Discussion Etiquette
Topics we will study may cause tensions and bring up emotions. It is incredibly important
and expected that all students will conduct themselves professionally and with respect
toward their classmates and their classmates’ opinions, both in class and online. Our online
discussion board is a professional board; it is not a blog or a Facebook discussion. Please
consider these guidelines when participating in class and in online discussions:
 Only say online what you would also say in person.
 Be careful of informal tone – sarcasm or joking can be interpreted as offensive or
mean-spirited online.
 Use proper punctuation and formatting – capital letters online are the equivalent of
shouting in person. Proper capitalization and correct grammar will increase your
voice online by showing that you are educated, value what others think of you, and
that you value professionalism.
 Be honest and transparent – if you choose to use real-life examples, make sure that
they are real and check out under a bit of scrutiny, because people will check and
sometimes ask. If you are not honest and open, people will sense this and will not
trust you.
 Contribute to the conversation with relevant replies that show that you have read,
processed and taken seriously the ideas of others. Replying with useful information
will encourage increased participation by others, and you will also gain the
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
4
reputation as someone who cares about others and the ideas that are important to
the entire group.
University Academic Policy, including Registration information:
http://www.jfku.edu/assets/resources/pageResources/JFKU%20Catalog%202011
%20for%20web.pdf, Pages 7-18
Academic Honesty:
http://www.jfku.edu/assets/resources/pageResources/Plagarism.pdf
Cheating is the act of aiding or abetting any act that a reasonable person would conclude,
when informed of the evidence, to be a dishonest means of obtaining or attempting to
obtain credit for academic work. Cheating includes, for example:
 Copying, in part or whole, from another’s examination, paper, research or creative
project.
 Submitting as one’s own work which has been purchased, borrowed, or stolen;
fabricating data;
 Employing a surrogate to take an examination, write a paper, or complete, in whole
or in part, an assignment.
Plagiarism: Plagiarism is the presentation of words, ideas or views of someone else as if
they were one’s own. Plagiarism is intellectual dishonesty and, as such, is a serious
academic offense. The potential penalties for plagiarism range from an unsatisfactory grade
in the course (an “F” or “no credit”), a letter of sanction placed in the student’s permanent
academic file, or even dismissal from the university. Plagiarism includes, for example:
 passing off another’s written work as your own;
 failing to give credit to your sources for the ideas, information, and words you have
borrowed from them;
 not quoting when you use another’s exact words;
 not changing the wording or sentence structure significantly enough when you
paraphrase a source.
University Student Services:
http://www.jfku.edu/assets/resources/pageResources/JFKU%20Catalog%202011
%20for%20web.pdf, Pages 18-20
Academic Support Center (ASC):
The ASC provides individual instruction in writing, study skills, and APA citation style. The
instructors can act as a second pair of eyes on your paper, working with you to identify
your patterns and improve your abilities. Appointments may be held in person or via
phone, fax or email. Students may meet with an instructor a maximum of once per week;
those who are registered with the Office of Disability Services may have 2 appointments
per week. All ASC services are free to registered students, faculty, and staff. Students can
make an appointment by calling 925.969.3530 or emailing asc@jfku.edu.
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
5
National University (NU) Writing & Math Centers: All JFKU students have access to
additional free writing and math support through National University’s Writing & Math
Centers. Schedule an appointment with the NU Writing Center at:
http://www.nu.edu/OurPrograms/StudentServices/WritingCenter/OnlineWritingCenter.h
tml. NU Math support: Tutoring is available to students in the fields of mathematics,
statistics, sciences, engineering and business mathematics. Schedule an appointment with
the NU Math Center at:
http://www.nu.edu/OurPrograms/StudentServices/mathcenter.html.
Office of Disability Services (ODS) for Students-Educational
Students are welcome to discuss sensitive topics – including disability related concerns –
with ODS. All such conversations will be kept confidential. All students who need
accommodations are encouraged to meet with the Office of Disability Services for Students
(ODS) in Room S220, 925-969-3447, early in the quarter, and utilize the support services
that they offer. Please note that accommodations cannot be made until you have registered
with ODS and have received an Accommodation Letter. All information is kept confidential.
Libraries:
The JFKU Libraries system consists of the central Robert M. Fisher Library in Pleasant Hill
and its branches on the Berkeley and San Jose campuses as well as the Law Library, also
located on the Pleasant Hill campus. The Libraries’ collections include nearly 200,000
books, journals and media titles, thousands of which are accessible online.
It is the Libraries’ mission to support learning, scholarship, professional development and
student success. Librarians are available to assist with your research needs by phone,
email, online chat or in person. Please visit your library or the library web site at
http://library.jfku.edu/ for further information.
Course Evaluation
During your last class session, you will be asked to complete an evaluation of the course
and instructor. The evaluation does not collect any student information, but rather asks
you to rate the course (from Strongly Disagree to Strongly Agree) in several areas. You are
also encouraged to provide written comments. We appreciate the feedback you provide in
the course evaluation and use that feedback as part of our program assessment and to
inform possible course and program changes. Please provide your feedback in a thoughtful
and professional manner.
A student volunteer distributes the evaluations and returns them to the University for
scanning and tabulation. The course evaluation is a blind evaluation as the College and
instructor are only provided with a summary of the evaluation results (including
transcribed comments) and do not receive completed individual evaluation forms.
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
6
Schedule of Subject Matter-Reading and Assignments
Week One
October 9, 2015
Assignments to be completed BEFORE this class:
1. Read Chapters 1 and 18 in text (31 pages)
2. Draft answers to Chapter 18 Discussion Questions 1-2 and 5-8. Be prepared to
discuss your answers to these Discussion Questions in the first class session.
Topic of this class
1.
2.
3.
4.
Class Introductions and Expectations
Review of Syllabus
Sources of Employment Law
A Foundational Concept: Employment At Will
Week Two
October 16, 2015
Assignments to be completed BEFORE this class:
1. Read Chapter 2 in text (31 pages)
2. Draft answers to Chapter 2 Discussion Questions 1-2 and 5-8 and 10. Be
prepared to discuss your answers to these Discussion Questions in class on
October 16, 2015.
3. Read DFEH Flow Chart and DFEH Prohibited Employment Practices
4. Online Assignment #1, found under session 1 in Blackboard, to be completed
and submitted on Blackboard by 7:00 p.m. on October 14, 2015.
Topics of this class
1. Review Online Assignment #1
2. Introduction to Discrimination Law
 Title VII and FEHA
 Proving Discrimination
 Disparate Treatment and Disparate Impact
 Retaliation
 Remedies
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
7
Week Three
October 23, 2015
Assignments to be completed BEFORE this class:
1. Read Chapters 5 and 15 in text (20 pages).
2. Draft answers to the following Discussion Questions at the end of each Chapter:
 Chapter 5 Discussion Questions 8-11
 Chapter 15 Discussion Questions 4-8
 Be prepared to discuss your answers to these Discussion Questions in class
on October 23, 2015.
3. Read EEOC Fact Sheets on Pregnancy Discrimination, Genetic Discrimination,
and Sexual Harassment.
4. Read and brief case TBD.
5. Online Assignment #2, found under session 2 in Blackboard, to be completed
and submitted on Blackboard by 7:00 p.m. on October 21, 2015.
6. First Practical Assignment, due at start of session on October 23, 2015.
Topic of this class
1.
2.
3.
4.
5.
Review Online Assignment #2 and First Practical Assignment
Sexual Discrimination
Sexual Orientation Discrimination
Genetic Discrimination
Harassment
Week Four
October 30, 2015
Assignments to be completed BEFORE this class:
1. Read Chapter 3 in text (14 pages).
2. Draft answers to Chapter 3 Discussion Questions 2 and 4-8. Be prepared to
discuss your answers to these Discussion Questions in class on October 30, 2015.
3. Read EEOC Fact Sheets on Race/Color Discrimination and National Origin
Discrimination.
4. Online Assignment #3, found under session 3 in Blackboard, to be completed
and submitted on Blackboard by 7:00 p.m. on October 28, 2015.
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
8
5. Second Practical Assignment, due at start of session on October 30, 2015.
Topics of this class
1. Review Online Assignment #3 and Second Practical Assignment
2. Race, Color, and National Origin Discrimination
Week Five
November 6, 2015
Assignments to be completed BEFORE this class:
1. Read Chapter 4 in text (15 pages).
2. Draft answers to Chapter 4 Discussion Questions 2-9 and 13. Be prepared to
discuss your answers to these Discussion Questions in class on November 6,
2015.
3. Read and brief Equal Employment Opportunity Commission v. Abercrombie &
Fitch Stores, Inc., which is posted on Blackboard. Bring your case brief to class
on November 6, 2015. We will discuss the case in class and you will hand in
your briefs after discussion.
4. Read EEOC Handouts on Questions and Answers Regarding Religious
Discrimination and Employer Best Practices for Eradicating Religious
Discrimination.
5. Online Assignment #4, found under session 4 in Blackboard, to be completed
and submitted on Blackboard by 7:00 p.m. on November 4, 2015.
Topics of this class
1. Review Online Assignment #4
2. Religious Discrimination
3. Discuss Midterm
Week Six
November 13, 2015
Assignments to be completed BEFORE this class:
1. Review previous readings and class notes for Sessions 1-5 for Midterm Exam
(MIDTERM will be given during November 13, 2015 session).
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
9
2. Read Chapter 6 in text (13 pages) (age discrimination will NOT be tested on the
Midterm).
3. Draft answers to Chapter 6 Discussion Questions 6-7, 9-10, and 13. Be prepared
to discuss your answers to these Discussion Questions in class on November 13,
2015.
4. Online Assignment #5, found under session 5 in Blackboard, to be completed
and submitted on Blackboard by 7:00 p.m. on November 11, 2015.
Topics of this class
1. MIDTERM EXAM (100 points – 2 hours)
2. Review Online Assignment #5
3. Start Age Discrimination (will not be tested on Midterm Exam)
Week Seven
November 20, 2015
Assignments to be completed BEFORE this class:
1. Review Age Discrimination readings from prior week.
2. Read Chapter 7 in text (20 pages).
3. Draft answers to Chapter 7 Discussion Questions 2-5 and 7. Be prepared to
discuss your answers to these Discussion Questions in class on November 20,
2015.
4. Read EEOC publications: Disability Discrimination, ADA Q&A, ADA Employer
Responsibilities, and ADA Employee Rights.
5. Online Assignment #6, found under session 6 in Blackboard, to be completed
and submitted on Blackboard by 7:00 p.m. on November 18, 2015.
6. Third Practical Assignment, due at start of session on November 20, 2015.
Topic of this class:
1. Review Online Assignment #6 and Third Practical Assignment
2. Age Discrimination Wrap-Up
3. Disability Discrimination
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
10
Week Eight
November 27, 2015
This Class May Meet Online; Details to Follow
Assignments to be completed BEFORE this class:
1. Read Chapters 8 and 10, and pages 227-245 of Chapter 11 in text (70 pages).
2. Read DLSE Handout on Independent Contractors, additional handouts/cases
TBD.
3. Online Assignment #7, found in session 7 in Blackboard, to be completed and
submitted on Blackboard by 7:00 p.m. on November 25, 2015.
Topics of this class
1. Review Online Assignment #7
2. Employees vs. Independent Contractors
3. Help Wanted! Considerations and Hot Topics in Hiring
Week Nine
December 4, 2015
Assignments to be completed BEFORE this class:
1. Read Chapters 12 and 13 in text (65 pages).
2. Draft answers to the following Discussion Questions and be prepared to discuss
your answers in class on December 4, 2015.
a. Chapter 12: 3, 6, 9, 12, 15-17
b. Chapter 13: 5-9
3. Read additional handouts TBD
4. Online Assignment #8, found in session 8 in Blackboard, to be completed and
submitted on Blackboard by 7:00 p.m. on December 2, 2015.
5. Fourth Practical Assignment, due at start of session on December 4, 2015.
Topic of this class
1. Review Online Assignment #8 and Fourth Practical Assignment
2. Compensation
 Exemptions Overview
 Overtime and Minimum Wages
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
11




Meal Periods and Rest Breaks
Penalties
Common Employer Pitfalls
Filing a Wage Claim
3. Time off and Leaves of Absence
 Family Medical Leave Act/California Family Rights Act
 Vacation and Sick Leave
 Other Leaves of Absence
 Attendance Policies
 Telecommuting
Week Ten
December 11, 2015
Assignments to be completed BEFORE this class:
1. Read pages 405-409 of Chapter 17 in text (5 pages).
2. Read Chapter 19 in text (33 pages).
3. Read pages 483-506 of Chapter 20 in text (29 pages).
4. Draft answers to the following Discussion Questions at the end of each Chapter:
 Chapter 19 Discussion Questions 5-6 and 10-11
 Chapter 20 Discussion Questions 7, 9, and 10
 Be prepared to discuss your answers to these Discussion Questions in class
on December 11, 2015.
5. Online Assignment #9, found in session 9 in Blackboard, to be completed and
submitted on Blackboard by 7:00 p.m. on December 9, 2015.
Topic of this class
1.
2.
3.
4.
5.
Review Online Assignment #9
Social Media Policies
Ending the Employment Relationship
Post-Employment Issues
Discuss Final Exam
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
12
Week Eleven
December 18, 2015
Assignments to be completed BEFORE this class:
1. Review for Final Exam
2. Online Assignment #10, found in session 10 in Blackboard, to be completed and
submitted on Blackboard by 7:00 p.m. on December 16, 2015.
Topic of this class:
Final Examination (150 points)
2.5 hours—in class
This syllabus is subject to change before the first class. If so, the updated version will be provided during our first class session.
13