Human Resource Law
Professor Paula Colby-Clements
EMAIL:
WEBSITE:
PHONE:
pcolby@mslaw.edu
http://www.mslaw.edu/clements.htm
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
1
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
2
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
3