The Officer of this position is responsible for labor law compliance involving federal and state wage and hours laws. When assigned to conduct an investigation on compliance involving wage and hours laws, the Officer will evaluate and relate the facts to compliance requirements citing applicable labor laws and address issues of compliance identified through claims and investigations in coordination with the local, federal, and state agencies. The Officer will prepare subpoenas , investigative reports, and relevant correspondences.
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.
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.
Additional Posting Information
A writing sample will be requested at the time of interview.
The application and supplemental questionnaire are evaluated based upon a rating of your education, training and experience as they relate to the job requirements of the position. It is essential that you provide complete and accurate information on your application and the supplemental questionnaire to include dates of employment, job title and job duties. For education and training, list name of educational provider, training course titles and summary of course content. Narrative information supplied in response to the questions must be supported by the information supplied on the application including your employment, education and training history as it relates to the job requirements.
Once you have submitted your application on-line, all future correspondence related to your application will be sent via email. Please keep your contact information current. You may also view all correspondence sent to you by the State of Delaware in the “My Applications” tab at statejobs.delaware.gov.
Accommodations are available for applicants with disabilities in all phases of the application and employment process. To request an auxiliary aid or service please call (302) 739-5458. TDD users should call the Delaware Relay Service Number 1-800-232-5460 for assistance. The State of Delaware – An Equal Opportunity and Affirmative Action Employer.