State of Washington Classified Job Specification
INDUSTRIAL RELATIONS AGENT 4
This is the supervisory or expert level of the series. In the Department of Labor and Industries, this is the technical expert for the Employment Standards or Prevailing Wage Programs. Positions are designated in writing by the Division Assistant Director. Advises program managers and senior agency executives regarding high visibility and precedent setting cases or issues.
For the purposes of this specification, high visibility and precedent setting cases or issues must include one or more of the following:
- Litigation is likely,
- Classification or prevailing wage rate policy issues,
- Legal or political sensitivity requiring coordination with program managers, senior agency executives and/or other agencies, and the Office of the Attorney General,
- A wage liability or finding that would cause disruption to a segment of industry or impede a major public work.
Serves as program technical expert for the Employment Standards or Prevailing Wage Programs on a statewide basis;
Assists the Program Managers of Employment Standards and Prevailing Wages by assigning and prioritizing work, providing training and technical guidance to Industrial Relations Agents, Compliance Specialist Supervisors, and other regional field staff;
Applies specialized knowledge of state labor laws regarding high visibility and/or precedent setting cases or issues;
Conducts industry specific consultation and leads investigations regarding high visibility and precedent setting cases or issues for employers in technically diverse, difficult, or new industries, and special case assignments, and provides technical support and guidance;
Responsible for the proper application, interpretation, and enforcement of state labor laws including the Public Works Act, Minimum Wage and Overtime Act, Farm Labor Contractors Act, Child Labor Law Regulations, Wage Payment Act, Industrial Welfare Act, and other related statutes for business firms, groups of employees, school authorities, union officials, public officials, employer associations, law enforcement officers and other interested groups;
Conducts reviews of case files prepared by Industrial Relations Agent 2s and 3s when appropriate prior to referral to the Office of the Attorney General to ensure the inclusion of required documentation and evidence and that the case files are compiled per the wage claim guidelines;
Assists Industrial Relations Agents 2s and 3s in negotiations where a significant wage liability exists or which may involve multiple legal issues;
Coordinates and participate in the on-the-job training of Industrial Relations Agents;
Serves as lead worker on complex investigations. Provides technical guidance and on-the-job training to Industrial Relations Agent 2s and 3s by acting as lead to two or more Industrial Relations Agent 2s and/or 3s in complex wage and hour investigations and negotiations. Complex wage and hour cases are characterized by three or more of the following:
- multi-employer work sites;
- multiple act violations, including the Industrial Welfare Act, Public Works Act, Farm Labor Contractors Act, the Minimum Wage and Overtime Act, The Wage Payment Act, and other related statues;
- multiple misclassifications of prevailing wage rates;
- legal or political sensitivity requiring coordination with central headquarters and/or other agencies, and the Office of the Attorney General;
- a wage liability that would cause a significant financial hardship to a business.
Acts as lead to two or more regional or statewide Industrial Relations Agent 2s and/or 3s in the coordination of documentation gathering from other sections of the Department and other public, state, and federal agencies regarding a multi-employer work site;
Mediates disputes and negotiates settlement for collections of unpaid wages, agreed wage rate and improper payment of overtime;
Conducts hearings, issues subpoenas, resolves wage disputes and employment condition issues between employees and employers; issues notices of violation, notices of infraction, and citations and assessments;
Reviews and audits payroll records to determine unlawful payment of wages;
Prepares case files for litigation if dispute is not resolved through mediation or negotiations;
Provides technical expertise and guidance to central office executive team for strategic planning, development, promotion, and implementation of a proactive educational program for regulatory reform;
Directs or participates in the development of policies and procedures and creation and/or revision of training and promotional materials;
Participates in the development and on-going review of Interpretive Guidelines to promote the consistent education and enforcement of policy guidelines statewide;
Represents the Department at various functions around the state, including attendance at educational conferences, labor-management seminars, and administrative hearings;
Organizes meetings and conferences addressing groups interested in labor laws and regulations;
Responds to public disclosure requests and develops methods to maintain case file information in assure evidence can be released upon request and in compliance with departmental policies;
Develops and/or participates in the development of policies and procedures and creation and/or revision of training and promotional materials;
Acts as Specialty Compliance Supervisor or Program Manager of Employment Standards and Prevailing Wages during extended absences; may supervise task forces or work on special assignment for the supervisor;
May be assigned legislative and rule proposal responsibilities including development, evaluation and testifying at the legislature;
May represent the program and agency, as assigned, regarding major litigation as a program technical expert;
May supervise lower level staff.
There may be instances where individual positions must have additional licenses or certification. It is the employer’s responsibility to ensure the appropriate licenses/certifications are obtained for each position.
A combined total of at least six years of experience as an Industrial Relations Agent 2 and/or Industrial Relations Agent 3.
A Master’s Degree with emphasis in employment law
three years of experience in labor/employment relations and regulations; collection of revenue/taxes from employers/businesses; investigation of complaints of misconduct; audit of employer financial records; interpretation and explanation of Labor and Industries rules and regulations regarding employment standards, prevailing wages, wage and hour, and child labor laws; or related experience.
Additional qualifying experience will substitute for education at the rate of one year of experience for one year of education.