09/30/2006 70119

LABOR LAW INVESTIGATOR

DEFINITION:

This is specialized investigative work in the enforcement of state labor laws, the Underground Utility Line Protection Law, and associated regulations.

An employee in this job independently investigates alleged violations of assigned laws such as the Child Labor Law, the Wage Payment and Collection Law, Prevailing Wage Act, Equal Pay Law, Medical Pay Law, Industrial Homework Law, Minimum Wage Law, Inspection of Employment Records Law, Seasonal Farm Labor Act, Apprenticeship Law and the Underground Utility Line Protection Law – PA Act 187 (commonly referred to as PA One-Call) within an assigned geographic area. Work includes conducting the initial review of allegations and complaints; initiating investigations based on observations; establishing an investigative plan; performing interviews; gathering facts and evidence; determining compliance with and enforcing state laws and regulations; and preparing recommendations, which may include making determinations of employer liability, including the recoupment of funds owed to workers, and criminal action. Work involves reviewing and analyzing job classification, benefit, certified payroll and other employment and wage records; calculating accurate wage rates; conducting investigations to ensure predetermined wage rates are paid on public funded construction and re-construction projects; tracing financial transactions; preparing detailed reports of investigations; filing and prosecuting cases before District Justices or Municipal Court Judges; assisting agency attorneys with appeal cases by providing case information and testimony; and providing education outreach programs and technical guidance to a variety of professional, educational and labor organizations. Employees also provide first responder emergency services on reported utility line breaks, investigate complaints and violations, and implement actions in accordance with PA One-Call and proscribed federal and state emergency management training. Work is performed independently and reviewed by a Labor Law Investigation Supervisor for compliance with state laws and regulations through conferences and reports.

EXAMPLES OF WORK:

Travels regularly to places of employment within an assigned geographic area to determine compliance with and to enforce labor laws and to perform emergency response duties.

Conducts detailed investigations using standard investigation techniques.

Interviews claimants involved in unpaid wage claims.

Conducts comprehensive audits of contractor payroll records, time cards, wage and benefit records and related material.

Verifies accuracy of payroll related information to include the accuracy of crafts and classifications, and employer contributions to health and welfare and pension funds.

Examines financial information from businesses, governmental authorities and financial institutions to detect evidence of violations to labor and other assigned laws.

Applies laws, rules, regulations and court cases to determine compliance and formulate recommendations.

Prepares detailed reports of investigations setting forth evidence, facts, conclusions and recommendations.

Holds conferences with employers found in violation of the various labor laws to discuss compliance and payment/cost issues.

Files and prosecutes cases before District Justices or Municipal Court Judges, exclusive of the Prevailing Wage Act.

Implements actions as recommended by the District Justices or Municipal Court Judges.

Testifies as the Commonwealth's expert witness at administrative and court hearings for Prevailing Wage cases as to the findings of the investigation.

Conducts educational outreach programs with Commonwealth businesses, professional organizations in the building and trade professions, educational institutions, contractors, architects, utility line contractors, the public, civic and labor representatives.

Advises employers, contractors, architects, public officials, governmental authorities and workers of the labor laws and their rights and responsibilities under the laws.

Performs necessary emergency response duties for reported utility line breaks.

Investigates causes of utility line breaks and recommends action against violators.

Visits job sites such as roads, bridges, roofing projects, dams, and municipal, county, and state building construction projects to conduct investigations.

Performs related work as required.

REQUIRED KNOWLEDGES, SKILLS, AND ABILITIES:

Knowledge of the principles and methods of investigation.

Knowledge of basic interviewing practices and techniques.

Knowledge of employment and business practices.

Knowledge of the Federal Fair Labor Standards Act and of state labor laws regulating wages, benefits and working conditions, and of the basic philosophy underlying these acts and laws.

Ability to conduct an investigation.

Ability to apply the basic rules of evidence.

Ability to apply construction practices.

Ability to gather facts through personal contact, observation and the examination of records.

Ability to interpret basic statistics such as percentages, ratios, averages and related measures.

Ability to audit and to calculate payroll records.

Ability to identify violations of the Commonwealth's labor laws and the Underground Utility Line Protection Law - PA Act 187.

Ability to explain and effectively interpret pertinent provisions of laws and regulations.

Ability to present reports of findings.

Ability to give testimony at hearings.

Ability to file and present cases before a District Justice or a Municipal Court Judge.

Ability to conduct educational seminars, meetings and conferences.

Ability to travel to various job sites.

Ability to establish effective relationships.

Ability to communicate effectively in writing.

Ability to communicate effectively orally.

MINIMUM EXPERIENCE AND TRAINING:

One year of technical investigative or construction and trades experience and a bachelor’s degree;

                                                                                                                                              or

Two years of technical investigative or construction and trades experience and an associate's degree in a field related to investigative or construction and trades work;

                                                                                                                                              or

An equivalent combination of experience and training.