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 Class Materials for Employment Law:
- Class 1: Introduction & Who Is an Employee/Employer
- Class 2: Employment At Will
- Class 3: Employment Contracts
- Class 4: Employment Torts
- Class 5: Competition and Employee Loyalty (Including Non-Competes, Non-Solicitations, Confidentiality, Restrictive Covenants)
- Class 6: Workplace Privacy
- Class 7: Statutory Protections – Employment Discrimination (Part 1)
- Class 8: Statutory Protections – Employment Discrimination (Part 2)
- Class 9: Accommodating Worker Lives – Work-Life Balance Laws
- Class 10: Employee Compensation – Wages, Hours, and Pay Equity
- Class 11: Workplace Safety and Health – OSHA, Workers’ Compensation, and Beyond
- Class 12: Managing Employment Risks – Arbitration, Preemption, and Other Strategies
- Class 13: ERISA and Course Review – Benefits, Preemption, and Final Takeaways
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.
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Class 1 1/14 | Introduction & Who is an Employee/ Employer | 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.
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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.
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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.
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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)
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Class 5 2/11 | Competition/ Employee Loyalty | 359-372 392-402 409-410 |
(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.
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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):
Drafting Assignment: Draft a workplace privacy section of a handbook for an employer.
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Class 7 2/25 | Statutory Protections/ Discrimination | 411- 413; 420- 448; 461-467
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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.
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3/11 No Class—Spring Break
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3/18 |
Review/Overview/Illinois Protections
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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.
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Class 10 4/1
| Employee Compensation
| 615- 648 654-655 | Drafting Assignment: For an employer, draft a section of a handbook addressing overtime compensation.
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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.
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Class 12 4/15 | 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 |
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| Good Luck! |
Thank you,