A class incumbent is responsible for labor standards and civil rights compliance work requiring the application of state/federal labor standards and civil rights laws, regulations and precedent legal decisions to protect workers, educate employers, eliminate illegal employment practices remove barriers to equal opportunity in employment and deliver benefits to qualified clients.
Nature and Scope
Class incumbents perform with general supervision from the Administrator and technical guidance from a supervisor and are responsible for investigating and resolving complaints of violations regarding labor standards, civil rights or workers' compensation laws. Work includes conducting case intake, investigations, resolving cases through mediation and negotiation, preparing settlement agreements, preparing cases for litigation before the State's Equal Employment Review Board, Industrial Accident Board or court. Class incumbents may represent clients in Justice of the Peace Court proceedings. Class incumbents may also conduct the state's annual prevailing wage survey of over 2,200 contractors, compiling and analyzing data and statistics. This class is differentiated from the entry level class in this series by the greater complexity of cases assigned and greater independence of action. Contact is with the public, community groups, civic organizations, federal, state and municipal agencies, private employers, employee and employer organizations and the legal community to gather facts, present information and resolve problems.
Essential functions are fundamental, core functions common to all positions in the class series and are not intended to be an exhaustive list of all job duties for any one position in the class. Since class specifications are descriptive and not restrictive, incumbents can complete job duties of similar kind not specifically listed here.
Plans and conducts complex investigations, including on-site investigations and large-scale enforcement field operations with other state/federal law enforcement agencies, to resolve formal and informal complaints of violations which may involve information from confidential sources or incumbent's observations. Investigations include conducting interviews with claimant, employer and witnesses; gathering, analyzing and interpreting evidence, testimony and records (such as personnel, payroll, and medical records), preparing subpoenas, administering oath and taking testimony on record, and applying relevant laws or regulations to determine if a violation has occurred; determines sufficiency of evidence.
Resolves cases through mediation and negotiations to conciliate cases with employers based on the complainant's desired resolution and relief available under the law. Prepares settlement agreement in accordance with legal standards.
Conducts training, provides informational seminars and advises employers, employees, unions, employee and employer organizations, legislators, attorneys, and other interested parties, of the applicability and interpretation of the various laws governing labor standards, civil rights and workers compensation.
Prepares cases for litigation by the Department of Justice or before the Equal Employment Review Board or Industrial Accident Board. Assists Deputy Attorney General prior to hearing and testifies as to facts, evidence and results of investigation. May represent clients in Justice of Peace Court proceedings.
Conducts/participates in annual prevailing wage survey of over 2,200 contractors; compiles and analyzes data; determines rates which must be used on public works construction projects.
Drafts legally sufficient charges of discrimination and/or ensures the technical and legal accuracy of wage claims. Prepares reports of findings including summary of charges, undisputed facts, documentation of evidence and description of analysis in accordance with state/federal labor standards and civil rights laws, rules and legal precedents.
Conducts comprehensive research and/or legal research on topics relating to labor standards laws, civil rights laws or workers compensation laws. Reviews cases that set new legal precedents, and changes in state/federal laws, regulations and guidelines.
Processes requests for prevailing wage determinations including gathering all relevant data, analyzing information, applying statute and regulations to determine the appropriate prevailing wage classification/category and preparing written response, citing finding and supporting evidence.
Oversees and monitors statewide program of over 300 child labor issuing officers; reviews child labor permits to detect violations, including excess/prohibited hours or hazardous occupations; investigates violations.
Knowledge, Skills and Abilities
The intent of the listed knowledge, skills and abilities is to give a general indication of the core requirements for all positions in the class series; therefore, the KSA’s listed are not exhaustive or necessarily inclusive of the requirements of every position in the class.
Knowledge of State and federal labor standards, civil rights and workers compensation laws, rules, regulations, precedent setting court and administrative decisions and agency rules and procedures.
Knowledge of the principles and methods of casework management.
Knowledge of labor relations and employment and labor practices.
Knowledge of the techniques, principles and practices of mediation, conciliation and negotiation of discrimination and other labor complaints.
Knowledge of the effects of discrimination and employment problems on the social and economic well-being of individuals
Knowledge of legislative, administrative and regulatory provisions covering public employee organizations.
Knowledge of legal terminology, rules of the court and rules of evidence.
Skill in conducting interviews, inspections and investigations including methods and techniques of gathering and analyzing evidence.
Skill in conducting negotiations, conciliations and in facilitating resolutions to disputes between adversarial parties.
Skill in planning, organizing and implementing effective on-site inspections.
Skill in effective oral and written communication with all segments of the population.
Ability to interpret, explain and apply labor standards, civil rights and workers compensation laws, rules, regulations policies and procedures.
Ability to understand and interpret employment statistical data.
Ability to conduct conciliation/mediation sessions.
Ability to understand and interpret employment and medical records.
Ability to secure and analyze facts and make sound recommendations.
Ability to establish and maintain effective working relationships with associates, claimants, employers and the public.
Ability to maintain records and prepare reports.
Ability to give a clear, logical and quick response in a consultative situation.
Ability to establish and maintain effective working relationships with other employees, representatives of other governmental agencies, private sector employers and the general public.
JOB REQUIREMENTS for Labor Law Enforcement Officer II
Applicants must have education, training and/or experience demonstrating competence in each of the following areas:
One year experience in conducting investigations which includes conducting interviews to obtain confidential information, gathering evidence and documenting findings.
Six months experience in resolving labor law or employment discrimination complaints.
Six months experience in interpreting labor or employment laws, rules, regulations, standards, policies and procedures.
Six months experience in narrative report writing.