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Employment Law Class Course Materials

Employment Law Syllabus

SYLLABUS

This course provides a survey of employment law in the United States. As the employment-at-will doctrine continues to erode and workplace-related litigation continues to expand, many of you will spend a significant portion of your legal careers counseling clients, negotiating resolutions, litigating cases, and otherwise addressing employment disputes. Even if you do not plan to practice in this area, it is likely you will encounter employment-law issues in some form during your career.

Topics covered include employee status and classification, wrongful termination and public policy protections, employee mobility and restrictive covenants, wage and hour laws, workplace accommodations, discrimination, and employment-related torts.

Class Preparation and Attendance Policy

Attendance is required. You are expected to carefully read and analyze all assigned materials and to participate actively in class. Questions and discussion are encouraged.

Reading assignments must be completed the week before the scheduled class. For example, on the first day of class, you are expected to have read the course introduction and the additional referenced materials.

The course also includes some drafting assignments. You are strongly encouraged to attempt each assignment on your own before consulting AI tools, internet examples, or other outside resources. Making a genuine first attempt will significantly enhance your learning and skill development.

Students who have exhibited thorough preparation and/or meaningful contribution to class discussions (including through the drafting assignments) will have their final grades raised by as much as two steps (for example, from a B+ to an A).  On the other hand, students who are repeatedly unprepared (or who do not meaningfully participate in the drafting assignments) or repeatedly not here when called upon may have their grades lowered by up to two steps (for example, from a B to a C+). 

To help guide your understanding of these materials, an overview and supplemental resources, including hypotheticals, are available online at fishlawfirm.com/employmentlawclass. Reviewing these materials will give you a clear sense of what I consider most important. The hypotheticals may be similar to questions on the final exam. Model answers are provided, but I strongly encourage you to work through the hypotheticals on your own before reviewing them. The materials also highlight key differences between Illinois and federal employment law and offer practical, real-world guidance for both employers and employees.

My office hours are on Sunday from 8 am until 10 am.   If unavailable during that time, you can contact me to schedule a mutually available time.   My telephone number is: 630-336-6720 and my email is dfish@fishlawfirm.com. 

Text

          The main text for this course is Employment Law: Private Ordering and Its Limitations, Fifth Edition. Authors: Glynn, Sullivan, and Arnow-Richman.   

Final Exam

The final exam is in-person.   It will likely require issue spotting and require that you have a deep understanding of the materials we cover. An understanding of the reading assignments and lectures are important for performing well on the final exam. 

Notice on Academic Honesty

You are presumed to know and understand all of the law school’s policies and procedures.   I call your especial attention to the following passages from the Northern Illinois University College of Law Student Handbook § 2.2.1, “Rule of Professional Conduct”: 

It is professional misconduct for a member of the law school to (1) engage in conduct involving dishonesty, fraud, deceit, or misrepresentation; or (2) engage in conduct that is proscribed by law and that reflects adversely on the member's honesty, trustworthiness, or fitness to practice law in other respects.

If you do not understand what conduct constitutes plagiarism, unauthorized collaboration, or other academic or professional misconduct, please come speak with me for clarification.  Submission of written work by a student at the College of Law is deemed to certify exclusive authorship without any assistance not specifically authorized by the professor. Handbook § 2.4.

Violations of these requirements that come to my attention will be referred to an Associate Dean and may result in disciplinary charges initiated against the offending student.  Violations may also have ramifications for the Character and Fitness assessment that you will undergo for admission to the bar.

Accessibility/Accommodations 

If you need an accommodation for this class, please contact the Disability Resource Center as soon as possible. The DRC coordinates accommodations for students with disabilities. It is located in the Campus Life Building, Suite 180, and can be reached at 815-753-1303 or drc@niu.edu.  Also, you may want to contact Associate Dean Anita Maddali for more assistance.

 Audio- and Video-Recording

Audio or video-recording of any class meeting, or any part thereof, by any electronic means (analog or digital) is prohibited by any student.  Failure to abide by this rule by any student is a violation of the College of Law Rule of Professional Conduct.  From time to time we will video and audio record classes and lectures.

Weekly Schedule, Reading & Class Topics

Updated reading and supplemental material is available at: fishlawfirm.com/employmentlawclass

Date

Topic

Casebook Reading

Additional Reading & Drafting Assignments

 

For Drafting Assignments:  Try writing it on your own before looking to AI, Internet examples, etc.   

 

Class 1 1/14

Introduction & Who is an Employee/ Employer

Introduction (xxv- xxxix), 1-4, 12-36

Secretary of Labor v. Lauritzen, 835 F.2d 1529 (7th Cir. 1987)(focus on Judge Easterbrook’s concurring opinion)

 

Simpkins v. DuPage Hous. Auth., 893 F.3d 962 (7th Cir. 2018)

 

California Lawsuit against Uber & Lyft

 

Assignment:    Think of a few jobs you have held.   Do you think you could have been properly classified as an independent contractor?  Apply the different tests we read to those job duties.  Be ready to discuss. 

 

 

Class 2

1/21

Employment at Will

55-66, 82-93

 

 

Duldulao v. Saint Mary of Nazareth Hosp. Ctr., 115 Ill. 2d 482 (1987); LaScola v. U.S. Sprint Communications, 946 F.2d 559 (7th Cir. 1991)

 

Drafting Assignment:  You represent a small company that wants you to review its employee handbook. Provide suggested language for the handbook to assure that employees remain at-will.   

 

Class 3

1/28

Employment Contracts   

105-109, 117-132

137-140; 148-154

 

 

Elon Musk Pay Ruling Tornetta v. Elon Musk (first 10 pages of ruling required, the other 190 pages are interesting but not mandatory!)

 

Drafting assignment:   You graduate from law school and land a job at a law firm.  You are verbally told you will get paid $50,000 per year plus 10% of what you make for the firm in the form of a bonus at year end.  Draft an employment contract that you think would protect you while also being acceptable to the law firm.   

 

Class 4

2/4

Employment Torts   

 

155-167; 172-182

189-200; 205-208

209-225

 

 

Rackley, v. Fairview Care Centers, Inc. :: 2001 :: (Utah Supreme Court)

 

Sharenow v. Drake Oak Brook Resort LLC, 2022 WL 2715854 (N.D. Ill. July 13, 2022)

 

 

Class 5

2/11

Competition/

Employee Loyalty

359-372

392-402

409-410

https://www.chicagotribune.com/2023/01/18/david-fish-eliminating-noncompete-contracts-will-empower-employees-and-entrepreneurship/

 

(820 ILCS 90/) Illinois Freedom to Work Act

 

https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes

 

Drafting Assignment:  NIULAW wants to prevent its deans from leaving, recruiting faculty to leave, or teaching at any other law school.  Draft a restrictive covenant for the law school and be ready to discuss the advice you would provide to NIULAW.

 

 

Class 6

2/18 (Class Will be Recorded)

Workplace Privacy 

 

246-273, 286-292

 

820 ILCS 55, Illinois Right to Privacy in the Workplace Act

 

McDonald v. Symphony Bronzeville Park, 2022 IL 126511 (Ill. 2002). 

 

Social Media:   https://www.shrm.org/topics-tools/employment-law-compliance/illinois-updates-privacy-law-to-address-social-media

 

 

Criminal conviction protections:  https://dhr.illinois.gov/conviction-record-protection-frequently-asked-questions.html

 

Captive Audience Prohibitions (anti-union and religion): 

https://www.chicagotribune.com/2024/07/30/gov-j-b-pritzker-signs-measure-tightening-child-labor-regulations/

 

Drafting Assignment:   Draft a workplace privacy section of a handbook for an employer. 

 

Class 7

2/25

Statutory Protections/ Discrimination

411- 413; 420- 448; 461-467

 

 

 

Class 8

3/4

Statutory Protections/Discrimination (Continued)

495-501; 530-559

 

 

EEOC v. Sunbelt Rentals, 521 F3d 306 (4th Cir. 2008)

 

Rice v. Universal Beauty Products, Inc., 19 C 1378, 2021 WL 7085254, at *5 (N.D. Ill. Sept. 28, 2021)

 

Drafting Assignment:  Draft an anti-discrimination policy for your client, a fast food restaurant.  Be sure to cover protected classes in Illinois.   

 

 

 

3/11                 No Class—Spring Break

 

 

 

 

 

3/18

 

Review/Overview/Illinois Protections

 

 

 

To be provided based on items that have happened in 2026. 

Class 9

3/25

Accommodating Worker Lives

 

561-571

580-601

 

 

GOELZER v. SHEBOYGAN COUNTY WISCONSIN (2010) | FindLaw

 

Kirchoff v. Chem Processing, Inc., 2021 WL 650885 (N.D. Ill. Feb. 19, 2021)

 

Drafting Assignment:  For an employer, draft a section of a handbook addressing workplace accommodations. 

 

 

Class 10

4/1

 

Employee Compensation 

 

615- 648

654-655

Drafting Assignment:  For an employer, draft a section of a handbook addressing overtime compensation.   

 

Class 11

4/8

Workplace Safety   

657-662

681-684 

 

Sherman v. Kraft Gen. Foods, Inc., 272 Ill. App. 3d 833 (4th Dist. 1995)

 

Drafting Assignment:  For an employer, draft a section of a handbook addressing workplace safety and what employees should do when injured at work.   

 

Class 12

4/15

Managing Risk   

701-714; 718-723

727-735; 738-742;

768-777

 

 

Drafting Assignment:    Draft an employment arbitration clause for an employer who wants to avoid class action lawsuits. 

Class 13

4/22

ERISA/Review 

 

Article: https://www.debofsky.com/wp-content/uploads/2022/05/What-is-ERISA-DeBofsky-Mark_Trial-Journal-Summer-2022.pdf

 

Andrews-Clark v. Travelers, 984 F. Supp. 49 and Perlman v. Swiss Bank, 195 F.3d 975

 

 

 

Good Luck!

Thank you,

David Fish

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