MCCCD Official Course Competencies:

LAS213  2008 Spring – 2009 Summer II

Employment Law for Paralegals

1.

Analyze employer-employee relationships. (I)

2.

Compare and contrast public and private employment relationships. (I)

3.

Analyze a given set of facts and determine whether an employment relationship has been created. (II)

4.

Identify and distinguish the different provisions of the Fair Labor Standards Act (FLSA). (III)

5.

Identify and distinguish those employee benefits regulated by federal laws, such as the Employment Retirement Income Security Act (ERISA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), and the Health Insurance Portability and Accountability Act (HIPAA). (IV)

6.

Identify and distinguish methods for evaluating employee job performance. (V)

7.

Analyze a given set of facts and prepare an Equal Employment Opportunity Commission (EEOC) position statement. (V-XIII)

8.

Evaluate the various contractual claims for a terminated employee. (VI)

9.

Compare and contrast the general theories of employment discrimination. (VII)

10.

Distinguish and analyze the issue and applicability of federal laws relating to employment discrimination, such as the Americans With Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Title VII. (VIII-XII)

11.

Assess issues surrounding and determine applicability of the Family and Medical Leave Act (FMLA). (XIII)

12.

Evaluate the employee's right to privacy as it relates to the employer's rights in the workplace. (XIV)

MCCCD Official Course Outline:

LAS213  2008 Spring – 2009 Summer II

Employment Law for Paralegals

I. Employment Relationships

A. Master-servant

B. Principal-agent

C. Employers

1. Private

2. Public

D. Independent contractors

E. Employment at will

II. Establishing the Employment Relationship

A. Recruitment

B. Employment applications

C. Interviewing process

D. Pre-employment testing

E. Background checks

F. Offer letters

G. Written employment contracts

III. Compensation Regulations

A. Federal Fair Labor Standards Act (FLSA) definitions

B. Employee exemptions under FLSA

C. Minimum wage requirements

D. Computation of wages

E. Record requirements

F. Penalties for FLSA violations

G. Federal child labor law

IV. Employee Benefits

A. Employment Retirement Income Security Act (ERISA) of 1974

B. Welfare benefit plans

C. Consolidated Omnibus Budget Reconciliation Act (COBRA)

D. Health Insurance Portability and Accountability Act (HIPAA)

E. Group term life insurance

F. Severance pay benefits

V. Evaluating Employee Job Performance

A. Job descriptions

B. Employee handbooks

C. Probationary periods

D. Discipline policies

E. Internal promotions

VI. Terminating the Employment Relationship

A. Contract claims, remedies, and damages

B. Common law and public policy

C. Constructive discharge

D. Defamation claims

E. Unemployment compensation

F. Separation agreements

VII. Employment Discrimination Overview

A. Types of discriminatory treatment

B. Reasonable accommodations

C. Retaliation

D. Remedies and damages

VIII. Americans With Disabilities Act (ADA)

A. Mental and emotional claims

B. Drug and alcohol abuse provisions

C. AIDS in the workplace

D. Adverse employment actions

E. Equal Employment Opportunity Commission (EEOC)

1. Filing prerequisites

2. Procedures

F. Reasonable accommodations

G. Preventive actions

H. Defenses and remedies

IX. Age Discrimination in Employment Act (ADEA)

A. Persons covered

B. Effect on hiring practices, promotions, and retirement

C. Reduction-in-force issues

D. Waiver of claims

E. Proof requirements

F. Remedies

X. Race and Color Issues

A. Race discrimination under federal law, such as Title VII

B. Racial harassment and color discrimination

C. Proof requirements

D. Adverse impact race discrimination

E. Remedies

XI. National Origin and Religious Discrimination

A. Statutory requirements

B. English proficiency rules

C. Protected activities

D. Reasonable accommodations

E. Proof requirements

XII. Sex Discrimination

A. Sexual harassment

1. Definitions

2. Categories

B. Sex-plus discrimination

C. Glass ceiling issues

D. Pregnancy discrimination

E. Fetal protection policies

F. Reproductive discrimination

XIII. Family and Medical Leave Act (FMLA)

A. Employers

1. Coverage

2. Obligations

B. Employees

1. Eligibility

2. Protections

C. Proof requirements

XIV. Privacy Issues in the Workplace

A. Employee's right to privacy

B. Monitoring

1. Categories

2. Guidelines

C. Drug and alcohol abuse

D. Polygraphs

E. Access to personnel information

F. Federal Fair Credit Reporting Act

G. Current trends