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Labor and Employment Law

Many people confuse labor and employment law, which are two distinct but related practice areas that focus on issues that arise in the workplace setting. Labor law involves disputes and negotiations among unions and employers and is limited to that relationship. Employment law concerns the laws that regulate the workplace, including race, color, sex, religion, national origin, age, and disability discrimination; wages and hours; safety and health; workers’ compensation; negligence and intentional torts; wrongful discharge; and contracts arising from handbooks and other company documents. Recently, employment lawyers’ roles have expanded further. Today’s employment lawyers may find themselves counseling clients about legal issues surrounding vaccine mandates and ensuring health data privacy of employees.

Lawyers in this field are often involved in dispute resolution. As a result, students pursuing a career in labor and employment law may want to take advantage of those types of courses. Moreover, students should take classes in any intersecting area of interest. For example, if a student wants to represent teachers in employment disputes or for a teacher’s union, the student should be sure to take Education Law.

Within the private sector, labor and employment lawyers can be found in a law firm of any size. Here, too, lawyers who tend to represent employees tend to be in solo or small firms, while lawyers who tend to represent unions or employers tend to be in mid to large size law firms. Particularly for employment lawyers, in house opportunities are available in all economic sectors. Within the public sectors, there may be opportunities within different government agencies like the Equal Employment Opportunity Commission, or analogous state agencies and state attorneys general offices. There may also be positions at non-profit and legal services organizations, such as Legal Aid.

Courses

Courses designated as "primary" are foundational, while those listed as "secondary" contain relevant and related content. "Co-curricular" courses are credit-bearing extra-curricular activities, while "experiential" courses are practice-based offerings. Please keep in mind that the focus of any course will vary depending on the instructor.

Primary Courses

503: Labor Law 2 or 3 credits PRIMARY

A survey of the rights and duties of employers, unions, and employees under the National Labor Relations Act.

526: Employment Law 3 or 4 credits PRIMARY

A survey of common, state, and federal laws applicable to non-union employees, including at-will employment and its exceptions; workers compensation; the Fair Labor Standards Act; the Occupational Safety and Health Act; civil rights laws; and employer liability for employee screening, testing, and referrals.

527: Employment Law Principles and Practice 2 credits PRIMARY

Covers the essentials of employment law that practicing lawyers use on a day-to-day basis.

546: Employee Benefits and Pension Law 2 credits PRIMARY

Overview of the law regarding administration and litigation of employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA). Aside from employee benefits being an in-demand practice area in and of itself, students interested in employment law, tax law, family law, or estate planning will also come away with valuable knowledge on how ERISA intersects with all of these areas and will be better equipped to address employee benefits issues in their future practices.

Secondary Courses

513: Employment Discrimination 2 or 3 credits SECONDARY

This course surveys the federal statutes prohibiting discrimination on account of race, color, sex, religion, national origin, age, and disability. It includes theories of liability, defenses, administrative procedures, and remedies. Students may not take this course and Employment Discrimination: Selected Topics 562.

555: Workers' Compensation 2 credits SECONDARY

Covers the essential aspects of state-mandated, no-fault, programs that compensate employees injured or killed at work. The focus is on determining under what circumstances an employer is liable for the injury or disease suffered by an employee, the employment relationship, what constitutes a compensable injury and occupational disease, and the exclusivity of the workers' compensation remedy in place of the traditional tort remedy. The course will highlight the difference between the tort system that focuses on fault as a basis for liability and workers' compensation that focuses on the connection to work as the basis of liability.

562: Employment Law: Selected Topics 2 credits SECONDARY

A two-credit seminar-style course in which students study recent developments in key areas of employment law including, but not limited to, discrimination; harassment; retaliation; accommodation; wages and hours; safety and health; labor law; and common-law claims. The course often focuses on circuit splits and recent agency rulings. Each student must write a research paper and make a class presentation on the research.

Experiential Courses

345: Semester in Practice 10 or 11 credits EXPERIENTIAL

This is the field placement component of a full term externship program and is paired with the Externship Lecture course. Total credits between Semester in Practice and Externship Lecture will total 13. The number of credit hours awarded to an individual student will determine the hours of work required at the field placement and meet or exceed the ABA standards. In accordance with ABA guidelines, students work at a placement under a supervising attorney. C-LAW 300.

676: Summer Externship 4 credits EXPERIENTIAL

This course is currently available only in the summer. The director of the externship designates one or more cities in North and South Carolina, usually including Charlotte, NC, and offers the students externships in a designated practice area. The practice areas vary from summer to summer. Students meet weekly with the director to integrate and apply the doctrinal insights received elsewhere in the law school curriculum and in the subject matter of the field placements.

Faculty

The following faculty are knowledgeable about the topic and may be a useful resource for you.

Meghan Boone

Meghan Boone

Professor of Law

Sue Grebeldinger

Sue Grebeldinger

Professor of Law

Wendy Parker

Wendy Parker

Research Professor of Law

Abigail Perdue

Abigail Perdue

Professor of Law

Related Pathways

Dispute Resolution

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Law Firm

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Government

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