Labor Law - Compliance Investigator II

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Labor Law - Compliance Investigator II

Salary

$68,100.00 - $90,480.00 Annually

Location

Denver, CO

Job Type

Full Time

Job Number

KAA 9517 CI II 5.24

Department

Department of Labor and Employment

Division

Division of Labor Standards and Statistics

Opening Date

05/07/2024

Closing Date

5/20/2024 5:00 PM Mountain

FLSA

Determined by Position

Type of Announcement

This position is open only to Colorado state residents.

Primary Physical Work Address

633 17th Street, Denver, CO 80202

FLSA Status

Non-Exempt; position is eligible for overtime compensation.

Department Contact Information

chris.mcgill@state.co.us

How To Apply

Please submit an online application for this position at https://www.governmentjobs.com/careers/colorado. Reach out to the Department Contact to apply using a paper application, including any supplemental questions. Failure to submit a complete and timely application may result in the rejection of your application. Applicants are responsible for ensuring that application materials are received by the appropriate Human Resources office before the closing date and time listed.

• Description

• Benefits

• Questions

Department Information

THIS POSITION IS OPEN TO CURRENT RESIDENTS OF COLORADO ONLY

THIS ANNOUNCEMENT WILL REMAIN OPEN UNTIL 5:00 PM ON MONDAY, MAY 20, 2024

This position is intended to be 100% remote, however it may still be required to report to designated work sites at the discretion of the supervisor.

The Department of Labor and Employment keeps Colorado strong and competitive. We connect workers with great jobs and assist those who have been injured on the job. We help people who are unemployed through no fault of their own by providing temporary wage replacement and we ensure fair labor practices. We provide an up-to-date and accurate picture of the economy that helps in decision making. And we protect the workplace – and Colorado communities – with a variety of consumer protection and safety programs.

This is a values-driven organization, committed to accountability, agility, collaboration, and respect.

We believe in outstanding customer service, an inclusive culture, continued process improvement and in our role as a trusted and strategic partner. Recognizing that knowledgeable employees drive our success, we are seeking dedicated individuals who exhibit our shared values and our passion for quality and excellence in all we do.

In addition to rewarding and meaningful work, we offer excellent benefits (https://www.colorado.gov/pacific/dhr/benefits) :

• Strong, secure, yet flexible retirement benefits including a PERA Defined Benefit Plan or PERA Defined Contribution Plan (https://www.copera.org/) plus 401(k) and 457 plans

• Medical and dental health plans (https://www.colorado.gov/pacific/dhr/benefits)

• Employer supplemented Health Savings Account (https://www.colorado.gov/pacific/dhr/hsa)

• Paid life insurance

• Short- and long-term disability coverage

• 11 paid holidays per year plus vacation and sick leave

• BenefitHub (https://stateofcolorado.benefithub.com/) state employee discount program

• MotivateMe employee wellness program

• Excellent work-life programs, such as flexible schedules, training and more

• Access to participate in employer-supported employee affinity spaces

• RTD EcoPass Commuter Program

• Some positions may qualify for the Public Service Loan Forgiveness Program. For more information go to https://dhr.colorado.gov/dhr-resources/student-loan-forgiveness-programs

  Our agency website: Colorado Department of Labor and Employment (https://www.colorado.gov/cdle)

  CDLE has implemented a pilot program on March 1st, 2022 which will award Disability Hiring Preference Points similar to the Veterans’ Preference Points program. During your application process you will be asked if you would like to be considered for either of these programs for additional points in the hiring process. To learn more about Disability Hiring Preference and what will be required to participate, please visit our website: https://sites.google.com/state.co.us/disability-hiring-preference/home

  PLEASE NOTE: With the beginning of this program, CDLE will no longer accept attachments of any kind with applications. Please be as thorough as possible in documenting your education and work history in the application system. Attachments will not be accepted or considered during any phase of the hiring process including minimum qualification screening, comparative analysis, or interviews.

Description of Job

The salary range for this position is -

$32.74 - $43.50 Hourly

$2,619.23 - $3,480.00 Biweekly

$5,675.00 - $7,540.00 Monthly

$68,100.00 - $90,480.00 Annually

The Strategic Enforcement Unit of the Division of Labor Standards and Statistic is hiring three Senior Compliance Investigator II (“CI II”) positions. The Strategic Enforcement Policy and Investigations (“Strategic Enforcement”) Unit conducts Division-initiated investigations of employers for systemic labor law violations, rather than the investigation of individual complaints. These investigations are analogous to class action lawsuits and involve large groups of workers or job applicants and a broad range of potential violations for one employer. As such, these investigations entail the collection of a large amount of evidence, including voluminous document production, interviews with a multitude of witnesses, and Division-directed “discovery” to obtain relevant evidence. They also involve complex evidentiary, strategic, and legal issues and require synthesizing multiple laws and thousands of pages of documentary evidence into detailed citations.

The Division is hiring for three strategic enforcement positions within this program:

• An investigator on the Job Equity team conducting Division-initiated investigations of violations of Part 1 of Colorado’s Equal Pay for Equal Work Act (“EPEWA”), which prohibits gender-based pay disparities, preventing employees from talking about wage rates, and retaliation for asserting rights under EPEWA. This position will lead the investigation strategy, including deciding which leads and complaints to pursue; gather evidence from employers, employees, witnesses, and other sources; and analyze complex and novel legal issues regarding pay equity. Because this program is new to the Division, the investigator will work with the team to recommend and implement investigative processes and set priorities for the program.

• An investigator on the Job Equity team conducting investigations of violations of Part 2 of the EPEWA, which concerns notifying employees of available job opportunities and disclosing compensation and other information in job postings. This is a high-volume program and requires flexibility, the ability to analyze a large volume of claims and data, and stellar time management skills. Additionally, this position requires understanding and applying due process principles, dissecting complex fact patterns, and analyzing novel legal issues.

• An investigator on the Direct Investigations team conducting Division-initiated investigations of labor law violations — primarily wage-based violations related to overtime, rest and meal breaks, tips, paid sick leave, time worked, and employee classification. This position will design investigation strategy, direct evidence-gathering, and analyze complex and novel legal issues in wage law. This position requires a solid foundation in general principles of liability and civil procedure, including due process, evidentiary rules (e.g. hearsay, privilege), veil piercing and alter ego liability, and joint and several liability.

  In each of these positions, the Senior CI II position conducts complex strategic direct investigations for compliance with Colorado labor laws, including determining what potential violations to investigate, the scope of the investigation, and the best strategy for initiating the investigation. During an investigation, the Senior CI II determines what information is required from employers, workers, applicants, and third parties, and develops the evidentiary record. This position makes strategic decisions during an investigation, including how to obtain evidence from witnesses; when and whether to issue fines for failure to produce documents/information; whether, when, and how to pursue a negotiated resolution; and where a violation is found, what relief will best redress the issue (e.g., employee/manager education, fines, payment of back wages, prospective compliance, etc.). Developing and maintaining relationships with community partners may also be required.

  If a violation is found at the conclusion of an investigation, the Senior CI II writes a determination and orders applicable wages, fines, and penalties, and prospective compliance. If the determination is not appealed to the Division’s administrative law judge, it is considered the Division’s final agency decision and may be published on the Division’s public website. The investigator’s determinations are subject to review through the Division’s appeals process and the Colorado court system. During and after the investigation, this position is required to collect and maintain all relevant documentation related to the direct investigation. In the event of an appeal, this position may attend and assist the Division representative with preparation for appeal hearings.

  In addition to these investigatory duties, this position assists the Program Manager with high-level legal, strategic, and policy work impacting the entire Strategic Enforcement Unit and Division. The Strategic Enforcement Unit is a relatively young program that is growing and changing to improve its effectiveness and implement lessons learned. This position is expected to work collaboratively with the team and Manager on further developing processes, including through drafting templates and shaping priorities and approaches for the unity and potentially the Division. Additional tasks may include legal research — often in novel areas of law requiring a creative approach to finding legal analogs to the question at issue — and memo drafting; drafting complex citations or other documents (e.g., briefs for appeal hearings on evidence, legal arguments, or appeal procedures).

Minimum Qualifications, Substitutions, Conditions of Employment & Appeal Rights

MINIMUM QUALIFICATIONS:

Experience Only:

Six (6) years of relevant experience in an occupation related to the work assigned to this position to include the following fields: (A) Federal and Colorado wage laws, (B) family or medical leave laws (whether federal or state, and whether paid or unpaid), and/or (C) investigation, litigation, or other similar forms of dispute resolution (e.g., arbitration or complex administrative claims or investigations) in employment or labor law.

OR

Education and Experience:

A combination of related education and/or relevant experience in an occupation related to the work assigned equal to six (6) years

Preferred Qualifications/Skills/Experience:

• Juris Doctorate.

• In-depth, sophisticated professional legal work experience, or graduate-level legal education, in one or more of the three areas listed under “minimum qualifications.”

• Excellent and efficient analytical, writing, and research skills.

• Spanish language skills (fluent verbal and writing skills, or more limited).

• Performing alike duties as a State of Colorado classified employee.

  Required Competencies:

• Attention to detail.

• Excellent and efficient analytical, writing, and research skills.

• Strong organizational skills.

• Ability to work independently.

• Demonstrated ability to engage with stakeholders for the purposes of communicating emerging issues and findings.

• Strong computer skills, including experience using Microsoft Word, Excel, and Google Workspace (Gmail, Drive, Docs, Sheets, etc.).

Conditions of Employment:

• Must be a current Colorado resident at time of Application.

• Must pass a thorough background check prior to employment.

APPEAL RIGHTS:

An applicant who has been removed from an employment list or removed from consideration during the selection process may request a review by the State Personnel Director.

As an applicant directly affected by the results of the selection or comparative analysis process, you may file a written appeal with the State Personnel Director.

Review of the completed, signed and submitted appeal will be timely on the basis of written material submitted by you, using the official appeal form signed by you or your representative. This form must be completed and delivered to the State Personnel Board by email at dpa_state.personnelboard@state.co.us within ten (10) calendar days from your receipt of notice or acknowledgement of the Department’s action.

For further information on the Board Rules, you can refer to 4 Colorado Code of Regulations (CCR) 801-1, State Personnel Board Rules and Personnel Director's Administrative Procedures, Chapter 8, Resolution of Appeals and Disputes, at spb.colorado.gov/board-rules .

Supplemental Information

For questions regarding this recruitment, please contact: chris.mcgill@state.co.us

Minimum Qualification Screening

A Human Resources Analyst will only review the work experience/job duties sections of the online job application to determine whether you meet the minimum qualifications for the position for which you are applying. Cover letters and resumes WILL NOT be accepted in lieu of the official State of Colorado online application, CDLE does not accept attachments of any kind during the application process. Part-time work experience will be prorated.

Applicants must meet the minimum qualifications to continue in the selection process for this position. Work experience and qualifications must be specifically documented on your online application. Do not use "see resume" or "see attached" statements on your application. CDLE does not accept attachments of any kind during the application process.

Comparative Analysis Process – Structured Application Review

After minimum qualification screening, the comparative analysis process for this position will involve a review and rating of all the information you submit with your application materials. Therefore, it is extremely important to document in the work experience/job duties portion of your online application the extent to which you possess the education, experience, minimum qualifications, and preferred qualifications as outlined in the job announcement. It is also important to thoroughly answer all supplemental questions (if listed) as your answers to these questions will be evaluated during this phase.

Supplemental Questions

Answer the supplemental questions on the application completely and thoughtfully. Your answers may be rated based on your writing ability (spelling, grammar, and clarity of your writing) as well as the content of your answer.

THIS ANNOUNCEMENT MAY BE USED TO FILL MULTIPLE VACANCIES

The State of Colorado believes that equity, diversity, and inclusion drive our success, and we encourage candidates from all identities, backgrounds, and abilities to apply. The State of Colorado is an equal opportunity employer committed to building inclusive, innovative work environments with employees who reflect our communities and enthusiastically serve them. Therefore, in all aspects of the employment process, we provide employment opportunities to all qualified applicants without regard to race, color, religion, sex, disability, age, sexual orientation, gender identity or expression, pregnancy, medical condition related to pregnancy, creed, ancestry, national origin, marital status, genetic information, or military status (with preference given to military veterans), or any other protected status in accordance with applicable law.

The Colorado Department of Labor and Employment is committed to the full inclusion of all qualified individuals. As part of this commitment, our agency will assist individuals who have a disability with any reasonable accommodation requests related to employment, including completing the application process, interviewing, completing any pre-employment testing, participating in the employee selection process, and/or to perform essential job functions where the requested accommodation does not impose an undue hardship. If you have a disability and require reasonable accommodation to ensure you have a positive experience applying or interviewing for this position, please direct your inquiries to our ADAAA Coordinator, Sean Montoya, at sean.montoya@state.co.us . Auxiliary aids and services are available upon request to individuals with disabilities. For all other inquiries about this recruitment effort, please call 303-318-8200.

While a salary range is posted for this position, an eventual salary offer is determined by a comprehensive salary analysis, which considers multiple factors including but not limited to education and experience compared to others in the organization doing substantially similar work.

The State of Colorado offers permanent employees a variety of benefits including medical, dental, life and disability insurance, as well as a comprehensive leave program. Please click the following link for detailed information: www.colorado.gov/pacific/dhr/benefits

Please note that each agency's contact information is different; therefore, we encourage all applicants to view the full, official job announcement which includes contact information and class title. Select the job you wish to view, then click on the "Print" icon.

01

I acknowledge the comparative analysis process for this position will consist of a review of my application materials to include preferred qualifications and required competencies. My responses to the supplemental questions will be scored based on my ability to follow instructions and provide detailed, clear answers to each question.

• Yes

• No

  02

  Please describe, in as detailed an answer as you see fit (but not more than roughly a page of text), why you applied for the position, and how your experience and interests make you a good fit.

  03

  Applicants must have at least two years of professional work experience -- preferably sophisticated professional legal work experience, or graduate-level legal education -- in any of the areas listed under "Minimum Qualifications," above. Please detail your experience in the relevant area(s), with an emphasis on any experience that relates to the work of the Strategic Enforcement Unit. Please also include this experience in the duties summary of the work experience on your application.

  04

  The Strategic Enforcement Unit is a relatively young program that is growing and changing in terms of strategies, processes, and the laws it enforces, and which requires adaptability, creativity, initiative, and independence from this Senior CI II position. Please describe an instance when you exercised your independent judgment and/or creative problem-solving to address a novel issue or challenge.

  05

  Describe in detail a situation where you disagreed with a supervisor, co-worker, or subordinate on something important, and then answer, in paragraph format, the following questions: (A) How did you respond to the situation? (B) How did you try to resolve the situation? (C) What did you learn from the experience?

  06

  Please provide a recent writing sample (please redact all personal information, and do not include your or anyone else's name on it) that you think best showcases legal or otherwise analytical writing. Describe what you had to explain or argue, and tell us anything that might not be obvious about it, such as any challenges you faced, or any judgment calls you had to make in how you wrote. To the extent this sample was edited or drafted by other contributors, please explain what the contributors did. The writing sample should be pasted in as your answer, so it will not be evaluated based on formatting. This text box will expand to cover most writing samples, if you have trouble copying your response here please contact chris.mcgill@state.co.us as soon as possible to discuss a solution.

  Required Question

Agency

State of Colorado

Address

See the full announcement by clicking

the "Printer" icon located above the job title

Location varies by announcement, Colorado, --

Website

https://careers.colorado.gov/

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