Duties: Representing the Department, Director, or one of DIR's divisions in civil and writ litigation, including litigation involving constitutional issues. Representing the Department in internal personnel matters. Representing the Director of DIR in workers’ compensation cases involving special funds administered by the Director. Analyzing requests for public works coverage determinations and drafting proposed decisions for the Director's review. Serving as a hearing officer in appeals from assessments for prevailing wage violations and drafting proposed decisions for the Director's review. Providing counsel on apprenticeship matters. Analyzing and drafting recommended decisions in appeals from retaliation complaint investigations. Providing analysis and advice concerning Public Records Act requests. Analyzing and drafting proposed legislation. Providing legal services with respect to contract matters involving the Department. Drafting proposed regulations. Providing legal services on a wide variety of other issues that may arise in the operation of the Department. Providing legal analysis, advice, and representation to the Director and the Department as a member or as the leader of a practice area team in one or more of the following subject areas, as assigned, and based on the operational needs of the unit: serving as a hearing officer in appeals from civil wage and penalty assessments on public works projects which require the payment of prevailing wages, as well as in other areas where the Director is authorized to hold a hearing. Researching, analyzing, and making recommendations to the Director on requests for public works coverage determinations, handling administrative appeals from those decisions, and defending the decisions of the Director in writ litigation when necessary. Representing the Department in internal employment law and personnel matters, including proceedings before the State Personnel Board, Equal Employment Opportunity Commission, and Department of Fair Employment and Housing, and in related civil litigation. Representing the Department with respect to Public Records Act requests and any related litigation. advising the Director and the Department with respect to matters involving the Information Practices Act, privacy, and contracts of all kinds. Reviewing and drafting recommended decisions on appeals from Labor Commissioner's decisions in retaliation complaint investigations. Preparing legislative bill analysis documents and advising the Director with respect to rulemaking, legislation, and general policy issues. Represents the Director of DIR as Administrator of special workers' compensation funds, including the Uninsured Employers Benefits Trust Fund (UEBTF), the Subsequent Injuries Benefits Trust Fund (SIBTF), the Death Without Dependents Unit (DWD), and the Return To Work Supplement Program (RTWSP)), in workers' compensation cases litigated and adjudicated in the District Offices of the Workers' Compensation Appeals Board (WCAB), including through any Petitions for Reconsideration (appeals) to the WCAB, and any judicial review in the Court of Appeal or California Supreme Court. Represents the Director, the Department, and division chiefs in state and federal civil litigation, as assigned, and generally working as the more senior attorney and lead in a two-person team, involving any of the following substantive areas, without limitation: challenges to the constitutionality of Labor Code provisions and/or Department practices; workers' compensation law; the California Prevailing Wage Law; challenges to the validity or enforcement of regulations; apprenticeship matters; self-insured workers' compensation plans; Public Records Act requests and litigation; wage and hour law; and occupational health and safety matters. Performing other assignments and duties as required based on operational needs of the Department and Legal Unit.
Qualification and Experience
Minimum Qualifications: Active membership in The California State Bar.
Attorney III - 6+ years of legal experience in the practice of law.
Attorney IV - 10+ years of legal experience in the practice of law, 4+ years of which must have been at a level of responsibility equivalent to an Attorney III.
Attorney V - 10+ years of legal experience in the practice of law, 3+ years of which must have been at a level of responsibility equivalent to an Attorney IV.
Knowledge of: Legal research methods and performing research; legal principles and their application; scope and character of California statutory law and of the provisions of the California Constitution; principles of administrative and constitutional law; trial and hearing procedure; and rules of evidence; court procedures; administrative law and the conduct of proceedings before administrative bodies; legal terms and forms in common use; statutory and case law literature and authorities; and provisions of laws and Government Code sections administered or enforced. Ability to: Research; analyze, appraise, and apply legal principles, facts, and precedents to legal problems; analyze situations accurately and adopt an effective course of action; prepare and present statements of fact, law, and argument clearly and logically in written and oral form; prepare correspondence involving the explanation of legal matters; draft opinions, pleadings, rulings, regulations, and legislation; negotiate effectively and conduct crucial litigation; work cooperatively with a variety of individuals, organizations and maintain the confidence and respect of others; and work effectively under pressure.
Desired Qualifications: 5+ years of civil litigation experience. Prior experience serving as counsel to a public agency. Prior experience writing and filing briefs in the California Court of Appeal and/or California Supreme Court and/or federal courts. Experience analyzing and working on legislation and/or administrative regulations. Knowledge concerning the work of the Department, labor and employment law, wage and hour law, and workers’ compensation law. Proficiency in Word and other Microsoft applications. Strong interpersonal skills and the ability and desire to contribute to a collegial office environment.
Job Control: JC-263043. Submit resume, cover letter, transcripts, and
additional required documents.
California Department of Industrial Relations
320 W. Fourth Street
Los Angeles, CA 90013