Comparative Labor Law

IRAC Assignment

The purpose of this assignment is to familiarize students with comparative legal research and with case law briefing.

The assignment requires that the students:

1- Select a topic in labor law that they are interested in researching

2- Select a national system that they are interested in researching

3- Findone legal cases that define an issue related to that topic. For example two cases that define the meaning of "employer" within the NLRB.

4- Students will finally present a critical analysis of what they learned from their research.

The critical analysis should include the following:

1- Introduction describing the topic and the selected national system.

2- IRAC analysis of the selected case(s)

3- Critical discussion of the case, especially in terms of larger jurisprudential and social implications.

4- Conclusion.

Example

Introduction: This paper analyzes the definition of "in the best interest of the employer" under the Sec. 3(a) of the FLSA. Through the critical analysis of Jeanne Doe v. John Doe, it argues that in the case of migrant workers hired under Sec. H-A1 of ICE regulation, travel expenses from the country of origins to the site of work are for the benefit of the employer and to the employees.

Jeanne Doe v. John Doe

Facts: one paragraph or two

Issue: one sentence

Rule: one sentence as stated by the Court

Application: two or three paragraphs

Conclusion: finding of the Court

Critical Analysis: This case has a significant impact in the definition of "best interest of the employer" and has prompted an entire legacy of cases that have increase the right of migrant workers under the FLSA.

Conclusion: Jeanne Doe v. John Doe is a key case in the development of labor law in the USA because it makes the employer responsible for paying migrant workers travel expenses from the country of origins to the work site. This case increased protection for migrant workers.