Deputy City Solicitor - Affirmative & Special Litigation Unit - Office of Worker Protection

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Job description

Job Description

Position Summary

This is not an entry-level litigation position. Affirmative litigators must exhibit poise and confidence, and this position requires specialized knowledge. The ideal candidate will be knowledgeable about legal issues arising from Federal Labor Standards Act, Pennsylvania Wage Payment and Collections Act, Pennsylvania Minimum Wage Act, Wage Theft Complaints, Promoting Health Families and Workplaces, Fair Workweek Employment Standards, Protections for Domestic Workers, Wrongful Discharge from Parking Employment, related employment law, as well as affirmative recovery litigation processes. In addition, this position will support the Office of Worker Protection, which administers the City's various worker protection ordinances to ensure that all employees in Philadelphia receive their protections under the law. Included within the scope of these ordinances is the authority to issue subpoenas, fines, and penalties, in accordance with the law. This position will report to the Chief Deputy of the Affirmative and Special Litigation Unit. Responsibilities include:

Counseling: Attorney will be the primary legal contact for all questions related to the interpretation of the OWP's governing law and regulations. Attorney will report to the Law Department's Affirmative and Special Litigation Unit. Attorney will stay up to date on developing case law and report relevant developments to OWP. Attorney will assist in drafting regulations, templates, policies, and procedures that relate to the Office. Attorney is expected to utilize all of the resources of the Law Department and will act as the liaison between Law and the OWP.

Investigative assistance: Attorney will assist investigators in properly determining the scope, means, and documented result of investigation. Attorney will also advise on the format and contents of standard documentation and appropriate notice to complainee entities. Attorney is responsible for providing guidance to investigators at all phases of the investigation, from receipt of complaint through Final Determination Letter. Attorney will also assist in the drafting, service, and enforcement of subpoenas as needed for investigations.

Post determination enforcement: Once a respondent employer fails to meet a deadline outlined in a Final Determination Letter, the case will be referred to the Attorney for enforcement through fines, suspension or revocation of licenses, and/or other enforcement actions.

Appeals: The Attorney will defend OWP determinations to the Board of Labor Standards (BOLS) and on appeal.

Affirmative Litigation: Attorney will also look for trends complaints and investigate opportunities for class-based affirmative enforcement. For those matters already filed, Attorney will serve as a liaison between OWP and the Affirmative Unit throughout all stages of litigation.

Settlement negotiations: At all stages, Attorney will provide advice on settlement negotiations related to a single complaint, and mostly importantly, with respect to settlement of a class involving equitable or injunctive relief. Attorney must take care that the rights of the Solicitor to bring an action on behalf of the City class not be extinguished or abridged without proper escalation through the Law Department's Affirmative Litigation Unit.

Essential Functions

In addition to the Position Summary, primary responsibilities include but are not limited to:

Representing the office before City boards, including the Tax Review Board and Board of Labor Standards

Enforcing departmental complaint determinations

Training investigators on complex legal principles

Conducting complex investigations as assigned by the Director of Worker Protection

Completing Special projects as assigned by the Director of Worker Protection

Communicating with clients, colleagues, judges and others involved in the case

Conducting research and analysis of legal problems

Studying federal, state, and local laws, ordinances, and regulations

Interpreting laws, rulings, and regulations for individuals and government agencies

Presenting facts in writing and verbally to clients or others and advocating on behalf of the clients

Preparing and file legal documents

Collecting fines

Levying bank accounts based on judgments

Performing administrative and management functions related to the practice of law

Competencies, Knowledge, Skills and Abilities

Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules and process

Ability to analyze large amounts of information, determine relevant facts, and propose viable solutions.

Ability to find what applicable laws and regulations apply to a specific matter.

Ability to communicate information and ideas in writing so others will understand. Must be able to clearly present and explain their case to arbitrators, mediators, opposing parties, judges, or juries and listen, answer questions, present to large groups and high-level officials and employ diplomacy in challenging situations.

Strong interpersonal skills, including the ability to work on teams and collaborate with colleagues and clients

Commitment to advancing diversity, equity, and inclusion.

Excellent research and writing skills.

Strong analytical and problem-solving skills with a demonstrated ability to identify and analyze legal issues within complex fact patterns.

Ability to use computer programs such as PowerPoint or MS Office.

Ability to effectively communicate complex rules and procedures to the public and to businesses.

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