The primary purpose of the Labor Section (“Section”) is to act as advisor and legal representative to the North Carolina Department of Labor (“Department” or “DOL”), including all of its divisions and bureaus such as the Occupational Safety and Health Division; Human Resources Division; Boiler Safety Bureau; Elevator and Amusement Device Bureau (EAD); Wage and Hour Bureau; Retaliatory Employment Discrimination Bureau; Mine and Quarry Bureau; Consultative Services Bureau; Education, Training and Technical Assistance Bureau; and, Planning, Statistics and Information Management Bureau.
The Section represents the Department in all civil actions and administrative proceedings including those involving the enforcement of the Occupational Safety and Health Act of North Carolina. The Section practices within a variety of judicial forums including the Office of Administrative Hearings, the North Carolina Occupational Safety and Health Review Commission, State court, and the Federal courts. Attorneys in the Section handle cases from the trial stage and through all appellate stages, in coordination with the Solicitor General’s Office.
Responsibilities
The primary purpose of this Attorney I position is to provide legal representation and advice to the DOL in matters involving the administration and enforcement of State labor laws. Areas of representation include, but are not limited to, enforcement of The Retaliatory Employment Discrimination Act, (“REDA”), N.C.G.S. §95-240, et seq; the Occupational Safety and Health Act of North Carolina, (“OSHANC”), N.C.G.S. §95-126, et seq; the North Carolina Wage and Hour Act, (“NCWHA”), N.C.G.S. §95-25.1 et seq; the Uniform Boiler and Pressure Vessels Act, N.C.G.S. §95-69.8 et seq; the Elevator Safety Act, N.C.G.S. §95-110.1 et seq; the Amusement Device Safety Act, N.C.G.S. §95-111.1 et seq; the Passenger Tramway Safety Act, N.C.G.S. §95-116 et seq; and the Migrant Housing Act, N.C.G.S. §95-222 et seq. This position also handles employment issues and assigned criminal appeals.
This position is responsible for independently representing the Department of Labor in routine OSH litigation and assisting more senior attorneys in representing the Department of Labor in more complex litigation. Complex litigation typically involves catastrophic accidents where more than one employee is injured or killed; citations issued under more complex standards such as process safety management citations related to the release of highly hazardous chemicals or general duty clause citations involving combustible dust explosions; or cases requiring the use of one or more expert witness. Involvement in these cases typically includes working with multiple parties with diverse interests (injured employees, families of deceased employees, employers, insurance company representatives, equipment or material manufacturers, and other interested governmental entities all of whom may be represented by counsel) working with expert witnesses, interviewing large numbers of witnesses regarding both factual and technical issues, and the review of large volumes of technical material and may involve site visits.
Qualifications
Licensed to practice law by the North Carolina State Bar. NOTE: GS 114-2 and 114-6 make it the duty of the Attorney General of NC to represent the State of North Carolina in all litigation unless another statute specifically states otherwise.
Application Process
Please apply by following this link: Assistant Attorney General, Attorney I, Labor (65036334) | Job Details tab | Career Pages (governmentjobs.com)
