Employment Rights Clinic
The Employment Rights Clinic is a unique collaboration between Loyola Law School and the California Division of Labor Standards Enforcement (DLSE or Labor Commissioner) in which students will investigate, mediate, and recommend outcomes for employment retaliation claims filed with the state agency. Students will learn practical skills required to investigate and mediate contested claims. In appropriate cases, students will prepare written determinations – similar to court rulings – that the agency will review and issue as binding decisions. In so doing, students will be required to determine the relevancy and weight of conflicting evidence; apply law to the unique facts of each case; and write decisions supported by evidence to resolve the claims.
The classroom component of the course will cover substantive state and federal anti-retaliation law as well as the broader universe of employment laws in which retaliation may occur (including wage-and-hour, health-and-safety, and anti-discrimination laws). The course will also critically evaluate the role of the Labor Commissioner and its state and federal analogues in regulating the workplace. Finally, the classroom component will provide students a forum to discuss their investigations, seek guidance in resolving claims, and present their findings and determinations.
The clinic component of the course consists of the investigation of employment retaliation claims filed with the DLSE. Students will be assigned individual cases, conduct telephonic interviews of the parties and witnesses, review documentary evidence provided by the parties, attempt to mediate settlements in appropriate cases, and write decisions resolving cases that do not settle. In some cases, students may visit the workplace as part of their investigation. The investigations may be conducted according to the students’ and parties’ schedules and availability: there is no fixed schedule or location for completion of the externship units. The course is graded pass/fail. The course is taught by employment rights lawyer Cornelia Dai.