Deputy City Solicitor – Affirmative & Special Litigation Unit – Office of Worker Protection
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.
Qualifications
This is an intermediate level position, with a minimum of approximately three (3) years’ experience enforcing judgements and awards, and a minimum of three (3) years’ experience presenting cases before Boards and/or courts.
Candidates must have a law degree from an ABA accredited law school and must either be a member in good standing of the Pennsylvania Bar, or eligible to become a member of the Pennsylvania Bar within six (6) months.
Additional Information
TO APPLY: Interested candidates must submit a cover letter and resume.
Salary Range: $92,612 to $111,385 - Commensurate with education and experience
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_ *The successful candidate must be a city of Philadelphia resident within six months of hire_
Effective May 22, 2023, vaccinations are no longer required for new employees that work in non-medical, non-emergency or patient facing positions with the City of Philadelphia. As a result, only employees in positions providing services that are patient-facing medical care (ex: Nurses, doctors, emergency medical personnel), must be fully vaccinated.
The City of Philadelphia is an Equal Opportunity employer and does not permit discrimination based on race, ethnicity, color, sex, sexual orientation, gender identity, religion, national origin, ancestry, age, disability, marital status, source of income, familial status, genetic information or domestic or sexual violence victim status. If you believe you were discriminated against, call the Philadelphia Commission on Human Relations at 215-686-4670 or send an email to faqpchr@phila.gov.
Interested candidates should apply through Smart Recruiters:
Any questions related to this position should be directed to Lydia Furst, Chief Deputy City Solicitor, Affirmative & Special Litigation Unit (lydia.furst@phila.gov).
For more information, go to: Human Relations Website: http://www.phila.gov/humanrelations/Pages/default.aspx