State of Maryland

A Wage and Hour Investigator II is the full performance level of investigative work reviewing employment practices for the Maryland Department of Labor to assure compliance with State protective labor laws and regulations, including complex cases such as multi-employer, joint employer, or retaliation claims, and cases involving coordination with other agencies or authorities. Employees in this classification do not supervise other positions.

Employees in this classification receive general supervision from a Wage and Hour Supervisor or other designated administrator. Investigations are performed at employment sites throughout the state where working conditions may be noisy, dirty, or uncomfortable.

Positions in this classification are evaluated by using the classification job evaluation methodology. The use of this method involves comparing the assigned duties and responsibilities of a position to the job criteria found in the Nature of Work and Examples of Work sections of the class specification.

The Wage and Hour Investigator Trainee, Wage and Hour Investigator I and Wage and Hour Investigator II are differentiated on the basis of the degree of supervisory control exercised by the supervisor over these employees. The Wage and Hour Investigator Trainee learns to perform duties under close supervision. The Wage and Hour Investigator I performs duties under close supervision at times and under general supervision at other times depending on the complexity of the specific duty being performed. The Wage and Hour Investigator II performs the full range of duties under general supervision. The Wage and Hour Investigator II is differentiated from the Wage and Hour Investigator III in that the Wage and Hour Investigator III assigns, reviews, and approves the work of and trains lower-level Wage and Hour Investigators or serves as a key technical and subject matter expert and is responsible for coordinating the development and implementation of new and existing procedures and leading special projects.

Identifies potential sources of evidence to determine if employer practices are in compliance with wage and labor standards and regulations;

Obtain, document, and analyze evidence from multiple sources, including witness interviews, observation, and documents, to determine if employer practices are in compliance with wage and labor standards laws and regulations;

Examine and prepare analysis of payroll, personnel, and time records to determine if employer practices are in compliance with wage and labor standards laws and regulations;

Inspect work sites to observe and interview employees at work and employer officials to determine if employer practices are in compliance with wage and labor standards laws and regulations;

Identify potential violations of wage and labor standards laws and regulations;

Initiate enforcement action in connection with potential violations of wage and labor standards laws and regulations;

Develop case management and organizational skills, including the ability to prioritize and handle multiple cases simultaneously;

Research and collaborate with other investigators, units, and/or agencies to obtain information relevant to investigations;

Communicate, orally, in writing, and in person, with employer and management representatives to discuss such matters as the purpose and scope of investigation, investigation findings, applicable wage and labor standards laws and regulations, areas of non-compliance, proposed penalties, and recommended corrective actions;

Explain applicable wage and labor standards laws and regulations to advise employees and employers of legal requirements;

Interview employers, employees, and witnesses to obtain facts relevant to determining compliance with applicable wage and labor standards laws and regulations;

Testify at administrative hearings and court proceedings;

Prepare accurate calculations, based on evidence gathered and analyzed during investigations, to determine amounts owed in restitution, damages, or other remedial measures;

Prepare and maintain reports which analyze and summarize evidence, document findings, and recommend a matter for closure or merit based on the evidence and applicable laws or regulations;

Prepare, in cases recommended for merit, reports identifying potential violations and recommending appropriate action, including enforcement or corrective action or penalties, to resolve the case;

Recommend and conduct follow-ups, including follow-up interviews, site inspections, and correspondence;

Attends meetings, seminars, workshops, and conferences to keep abreast of changes and new technology in the areas of wage and labor standards enforcement;

Investigates complex cases (including, for example, retaliation cases, multi-employer or joint employer cases, and cases involving enforcement staff from other agencies);

May Provides advice and technical assistance to employers on compliance with wage and labor standards

May develop and present information regarding wage and labor standards laws to stakeholders, regulated parties, and the general public;

Performs other related duties.

Knowledge of English grammar usage and spelling;

Knowledge of Google Suite and other State-provided computer applications and software as needed to communicate, aid in analyzing information, and manage and store information.

Knowledge of basic writing skills, including drafting of routine internal and external correspondence;

Knowledge of laws and regulations covering wage and labor standards;

Knowledge of administrative processes for case investigation and recordkeeping;

Ability to learn and apply state and federal wage and labor standards laws, regulations, and guidance;

Ability to learn and apply investigative procedures and methods;

Ability to recognize actual and potential wage and labor standards violations and recommend a course of action, including enforcement action as appropriate;

Ability to obtain and analyze information and prepare accurate and concise reports based on evidence;

Ability to communicate with diverse groups and stakeholders and exercise tact, discretion, and good judgment;

Ability to establish and maintain effective working relationships with employers, workers, stakeholders, and government personnel

Ability to consistently and appropriately handle confidential information according to program processes and instructions;

Ability to effectively handle stressful situations, such as conducting investigative activities effectively with irate parties, assisting in the investigation of potentially noncompliant employers;

Ability to learn Google Suite and other State-provided computer applications and software as needed to communicate, aid in analyzing information, and manage and store information.

Education: Graduation from an accredited high school or possession of a high school equivalency certificate.

Experience: Four years of experience conducting investigations to ensure compliance and initiate enforcement of state wage and labor standards laws and regulations.

Notes:

1. Candidates may substitute thirty (30) credit hours, to include at least twelve credit hours in human resources or wage and hour laws and investigation, from an accredited college or university for one (1) year of the required experience not to exceed two (2) years of the required experience.

2. Candidates may substitute U.S. Armed Forces military service experience as a non-commissioned officer in the inspection, investigation, enforcement and compliance classifications inspection, investigation, enforcement and compliance specialty codes in the wage and hour investigation field of work on a year-for-year basis for the required experience.

Class specifications are broad descriptions covering groups of positions used by various State departments and agencies. Position descriptions maintained by the department or agency specifically address the essential job functions of each position.

This is a Skilled Service classification in the State Personnel Management System. All positions in this classification are Skilled Service positions. Some positions in Skilled Service classifications may be designated Special Appointment in accordance with the State Personnel and Pensions Article, Section 6-405, Annotated Code of Maryland.

This classification is assigned to Bargaining Unit C- Regulatory, Inspection, and Licensure classes. As provided by State Personnel and Pensions Article, Section 3-102, special appointment, temporary, contractual, managerial, and confidential employees are excluded from collective bargaining. Additionally, certain executive branch agencies are exempt from collective bargaining, and all positions in those agencies are excluded from collective bargaining.

Employees in this classification are eligible to receive overtime compensation. An employee who works more than the normal workweek is entitled to be compensated for that overtime as provided by State Personnel and Pensions Article, Section 8-305.

This classification is one level in a Non-Competitive Promotion (NCP) series. NCP promotions are promotions by which employees may advance in grade and class level from trainee to full performance levels in a classification series. In order to be non-competitively promoted to the next level in an NCP series, an employee must: 1) perform the main purpose of the class as defined in the Nature of Work section of the class specification; 2) receive the type of supervision defined in the class specification, and 3) meet the minimum qualifications of the classification.