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CE Employment Labor Law

The course delivers CE‑level analysis of the Fair Labor Standards Act, Title VII, ADA, FMLA, and NLRA, equipping attorneys to advise employers and employees on compliance, rights, and litigation risk.

Who Should Take This

It is designed for licensed attorneys who regularly counsel corporate clients or represent employees on workplace matters. Participants typically have a J.D., bar admission, and some experience in employment law, and they seek to deepen their knowledge of statutory frameworks, compliance strategies, and emerging litigation trends.

What's Included in AccelaStudy® AI

Adaptive Knowledge Graph

Practice Questions

Lesson Modules

Console Simulator Labs

Exam Tips & Strategy

20 Activity Formats

Course Outline

64 learning goals

1 Fair Labor Standards Act and Wage Law

3 topics

FLSA coverage and minimum wage

Recognize the coverage provisions of the FLSA including enterprise coverage, individual coverage, and exemptions for small businesses.
Comprehend the federal minimum wage requirements, tip credit provisions, and the interaction between federal and state minimum wage laws.
Analyze whether a specific employee is covered by the FLSA and determine applicable minimum wage and overtime requirements.

Overtime and exemptions

Recognize the FLSA overtime requirements including the time-and-a-half standard, workweek calculation, and the salary threshold for exempt status.
Comprehend the duties tests for white-collar exemptions including executive, administrative, professional, outside sales, and computer employee exemptions.
Analyze an employee's job duties and compensation to determine whether an FLSA overtime exemption properly applies.
Synthesize a wage and hour compliance audit protocol addressing exemption classification, timekeeping practices, and overtime calculation methods.

Wage and hour litigation

Comprehend the FLSA collective action mechanism under Section 216(b) and distinguish it from Rule 23 class actions for state wage claims.
Analyze common wage and hour violations including off-the-clock work, misclassification, rounding practices, and meal break deductions to assess litigation exposure.

2 Title VII and Employment Discrimination

3 topics

Protected classes and prohibited conduct

Recognize the protected classes under Title VII including race, color, religion, sex, and national origin and the types of employment actions covered.
Comprehend the legal frameworks for disparate treatment and disparate impact discrimination claims including the burden-shifting analysis under McDonnell Douglas.
Analyze an employment decision to determine whether it constitutes disparate treatment or disparate impact discrimination under Title VII.
Recognize the protections against sex discrimination as expanded by the Bostock decision to include sexual orientation and gender identity.

Religious accommodation and retaliation

Comprehend the duty to provide reasonable religious accommodation under Title VII and the undue hardship standard as revised by Groff v. DeJoy.
Recognize the elements of a Title VII retaliation claim including protected activity, adverse action, and causal connection.
Analyze a workplace scenario involving a religious accommodation request and a subsequent adverse employment action to determine potential Title VII violations.

EEOC procedures and remedies

Comprehend the EEOC charge filing process including jurisdiction, timeliness requirements, right-to-sue letters, and the administrative exhaustion doctrine.
Recognize the remedies available under Title VII including back pay, front pay, compensatory damages, punitive damages, and the statutory caps on damages.

3 Americans with Disabilities Act

2 topics

ADA coverage and reasonable accommodation

Recognize the definition of disability under the ADA as amended including physical or mental impairment, record of impairment, and regarded as impaired.
Comprehend the reasonable accommodation obligation under the ADA including the interactive process, types of accommodations, and the undue hardship defense.
Analyze a workplace accommodation request to determine whether the employee qualifies as disabled under the ADA and whether the proposed accommodation is reasonable.
Synthesize a reasonable accommodation policy that addresses the interactive process, documentation requirements, interim accommodations, and appeal procedures.

ADA medical inquiries and fitness for duty

Recognize the restrictions on pre-employment medical inquiries, medical examinations, and disability-related questions at each stage of the employment process.
Analyze whether an employer's fitness-for-duty examination or return-to-work protocol complies with ADA restrictions on medical inquiries.

4 Family and Medical Leave Act

2 topics

FMLA eligibility and leave entitlements

Recognize FMLA eligibility requirements including employer coverage, employee hours threshold, and qualifying reasons for leave.
Comprehend the FMLA leave entitlement including the 12-week and 26-week provisions, intermittent leave, reduced schedule leave, and the employer's designation obligations.
Analyze a leave request scenario to determine FMLA eligibility, qualifying reason, and the employer's rights regarding medical certification and recertification.
Comprehend the job restoration rights under FMLA including equivalent position requirements, key employee exceptions, and the interaction with employer attendance policies.

FMLA interaction with other leave laws

Analyze the interaction between FMLA and ADA when an employee's leave request implicates both statutes and determine which provides greater protection.
Comprehend how FMLA interacts with state paid family leave laws, employer-provided leave policies, and workers' compensation leave.
Synthesize a comprehensive leave management policy that integrates FMLA, ADA, state leave laws, and employer-provided leave benefits.

5 National Labor Relations Act and Collective Bargaining

2 topics

Employee rights and unfair labor practices

Recognize the protected concerted activity rights under NLRA Section 7 and identify employer actions that constitute unfair labor practices under Section 8(a).
Comprehend the NLRB election process including petition filing, appropriate bargaining unit determination, election procedures, and objections.
Analyze an employer's workplace policy or disciplinary action to determine whether it unlawfully interferes with employees' Section 7 rights.
Recognize the duty to bargain in good faith under Section 8(a)(5) and identify mandatory, permissive, and illegal subjects of bargaining.

Collective bargaining and labor disputes

Comprehend the collective bargaining process including initial proposals, information requests, impasse, and the distinction between economic strikes and ULP strikes.
Analyze a labor dispute scenario to determine whether an employer's actions constitute an unfair labor practice and identify available NLRB remedies.

6 At-Will Employment and Wrongful Termination

2 topics

Employment at-will doctrine and exceptions

Recognize the at-will employment doctrine and the three common-law exceptions: public policy, implied contract, and implied covenant of good faith and fair dealing.
Comprehend how employee handbooks, progressive discipline policies, and oral representations can create implied contract exceptions to at-will employment.
Analyze a termination scenario to determine whether at-will employment protects the employer or whether a common-law or statutory exception applies.

Wrongful termination and whistleblower protections

Recognize the federal and state whistleblower protection statutes including Sarbanes-Oxley, Dodd-Frank, and state whistleblower laws.
Analyze a discharge scenario to determine whether the termination violates whistleblower protections or constitutes retaliatory discharge in violation of public policy.
Synthesize a lawful termination protocol that addresses documentation requirements, progressive discipline, final pay obligations, and risk mitigation for wrongful termination claims.

7 Workplace Harassment

1 topic

Sexual harassment and hostile work environment

Recognize the two forms of sexual harassment under Title VII — quid pro quo and hostile work environment — and the elements required to establish each.
Comprehend the Faragher-Ellerth affirmative defense including the requirement of a compliant anti-harassment policy and the employee's duty to use available complaint procedures.
Analyze a workplace harassment complaint to determine whether the conduct meets the severe or pervasive standard and whether the employer has potential liability.
Synthesize an anti-harassment policy and investigation protocol that addresses reporting channels, investigation procedures, interim measures, and corrective actions.

8 Independent Contractor Classification

2 topics

Worker classification standards

Recognize the different tests for independent contractor status including the IRS common-law test, economic reality test, and ABC test under various federal and state laws.
Comprehend the DOL's economic reality test factors for FLSA purposes and the IRS's behavioral control, financial control, and relationship type factors.
Analyze a worker relationship to determine proper classification as employee or independent contractor under applicable federal and state tests.
Synthesize a worker classification compliance program addressing engagement agreements, behavioral controls, risk assessment, and reclassification procedures.

Misclassification consequences and gig economy

Comprehend the legal consequences of worker misclassification including back wages, tax liability, benefits exposure, and penalties under federal and state law.
Analyze the classification challenges posed by gig economy and platform workers under evolving federal and state worker classification frameworks.

9 Remote Work and Emerging Employment Issues

2 topics

Remote work legal considerations

Recognize the legal issues arising from remote work arrangements including multi-state tax withholding, workers' compensation jurisdiction, and applicable labor law selection.
Comprehend the wage and hour compliance challenges of remote work including tracking hours, compensable time, and reimbursement of home office expenses under state laws.
Analyze a multi-state remote work arrangement to determine applicable employment laws and identify compliance obligations across jurisdictions.
Synthesize a remote work policy addressing jurisdictional compliance, expense reimbursement, timekeeping, workplace safety, and data security obligations.

AI and workplace monitoring

Recognize the legal risks of AI-driven employment tools including algorithmic bias in hiring, automated performance monitoring, and predictive termination models.
Comprehend the emerging federal and state regulations governing employer use of AI in employment decisions including EEOC guidance and state AI audit requirements.
Analyze an employer's use of AI-powered hiring or monitoring tools to determine compliance with Title VII, ADA, and emerging AI-specific regulations.

10 Cross-Cutting Employment Law Issues

2 topics

Non-compete and restrictive covenants

Recognize the legal framework for non-compete agreements including the FTC proposed rule, state-specific enforceability standards, and blue-pencil doctrines.
Analyze a restrictive covenant to determine enforceability considering scope, duration, geographic limitations, and the adequacy of consideration.

Workplace investigations and documentation

Comprehend the legal requirements for conducting workplace investigations including Weingarten rights, attorney-client privilege, and work product protection.
Synthesize a workplace investigation protocol addressing complaint intake, witness interviews, evidence preservation, credibility assessment, and findings documentation.

Scope

Included Topics

Fair Labor Standards Act including minimum wage, overtime, exemptions, collective actions, and wage and hour compliance.
Title VII employment discrimination including protected classes, disparate treatment, disparate impact, religious accommodation, retaliation, and EEOC procedures.
Americans with Disabilities Act including disability definition, reasonable accommodation, interactive process, medical inquiries, and fitness for duty.
Family and Medical Leave Act including eligibility, leave entitlements, medical certification, job restoration, and interaction with ADA and state leave laws.
National Labor Relations Act including protected concerted activity, unfair labor practices, union elections, collective bargaining, and labor disputes.
At-will employment, wrongful termination, whistleblower protections, and common-law exceptions to at-will doctrine.
Workplace harassment including sexual harassment, hostile work environment, Faragher-Ellerth defense, and investigation protocols.
Independent contractor classification including IRS, DOL, and state tests, misclassification consequences, and gig economy challenges.
Remote work legal issues including multi-state compliance, wage and hour challenges, expense reimbursement, and workplace monitoring.
Non-compete agreements, restrictive covenants, and workplace investigation procedures.

Not Covered

Employee benefits law (ERISA) beyond its intersection with FMLA and ADA leave provisions.
Immigration law and I-9 compliance beyond basic employment verification requirements.
Detailed tax implications of employment relationships beyond worker classification consequences.
Occupational Safety and Health Act (OSHA) compliance beyond its intersection with remote work safety.
Executive compensation, stock options, and corporate governance beyond employment agreement terms.

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