TENTATIVE

Occ. Code 7815000

New York State Department of Civil Service

Classification Standard

BRIEF DESCRIPTION OF CLASS SERIES

Positions in this title series apply investigation principles and techniques to enforce, or manage the enforcement of, Labor Laws and regulations regarding wage complaints, hours of work, agricultural employment, child labor, and other conditions of employment. Incumbents investigate cases of suspected Labor Law violations; issue permits and certificates; and educate employers, employees, claimants, and the general public regarding the provisions of the New York State Labor Laws.

These positions are only classified at the Department of Labor.

DISTINGUISHING CHARACTERISTICS

LABOR STANDARDS INVESTIGATOR: entry level; conducts in-house and field investigations of complaints from employees and the public related to suspected violations of New York State Labor Laws.

SENIOR LABOR STANDARDS INVESTIGATOR: first supervisory level; conducts the more difficult or sensitive investigations; supervises, trains, monitors, and evaluates the investigative activities of a team of Labor Standard Investigators.

SUPERVISING LABOR STANDARDS INVESTIGATOR: monitors and directs the operation of a District Office or Special Unit related to the administration and enforcement of New York State Labor Laws.

CHIEF LABOR STANDARDS INVESTIGATOR: monitors and directs the operations of District Offices and Special Units for an assigned geographic region.

ASSISTANT DIRECTOR, LABOR STANDARDS: one-position class; oversees the daily operation of the Division; assists the Director, Labor Standards in the Statewide administration and enforcement of New York State Labor Laws.

DIRECTOR, LABOR STANDARDS: one-position class; establishes Statewide labor policy and guidelines; determines investigative programs; plans, directs, and coordinates the enforcement of the provisions of New York State Labor Laws throughout the State.

RELATED CLASSES

Unemployment Insurance Investigators conduct field investigations of cases of suspected fraud, collusion, and other violations of the Unemployment Insurance Law.

Public Work Wage Investigators conduct investigations of alleged violations of the New York State Labor Laws pertaining to wages, fringe benefits, discrimination, and other conditions of employment on public construction projects.

ILLUSTRATIVE DUTIES

          LABOR STANDARDS INVESTIGATOR

·       Conducts in-house and field investigations of complaints against employers to detect and verify alleged violations of New York State Labor Laws.

·       Initiates targeted investigations of employers suspected of violating State Labor Laws by planning the scope and method of the investigation and evaluating the severity of the complaint.

·       Reviews complaints to identify issues such as accessibility and type of information and evidence required to resolve the complaint; may reconstruct records when unavailable or inaccurate.

·       Interviews employees, employers, and witnesses.

·       Examines relevant payroll, time cards, checkbooks, postings, and quarterly reports to determine the validity of complaints.

·       Serves notices of Labor Law violations.

·       Prepares statements and affidavits for employees, claimants, and witnesses.

·       Prepares detailed reports and makes initial determinations and recommendations to assess civil penalties and interest.

·       Assists in the preparation for and may participate in district and compliance conferences.

·       Testifies in court and at Industrial Board of Appeals hearings.

·       Participates in the filing of civil judgments.

·       Checks for required certificates, various permits, or variances and confers with union delegates and employers to gain compliance under the law.

·       Disseminates information and makes presentations on State Labor Laws to employees, employers, employer organizations, and members of the public.

          SENIOR LABOR STANDARDS INVESTIGATOR

·       Supervises the investigative activities of a staff of Labor Standards Investigators; trains staff in areas of investigative techniques, departmental policies and procedures, rules and regulations, and legal precedents.

·       Assigns staff to inspections; reviews work, including investigative reports, daily activity summaries, monthly reports, and expense accounts.

·       Informs staff of changes in Labor Laws, procedure, or policy; assists staff with the interpretation of Labor Laws, legal precedents, and agreements.

·       Researches difficult questions of legality and procedure.

·       Reviews the collection and distribution of monies.

·       Arranges for witnesses to appear in court; may testify in legal proceedings.

·       Prepares cases for compliance conferences, Industrial Board of Appeals hearings, and civil prosecution.

·       Conducts difficult and sensitive investigations; personally oversees the more sensitive aspects of investigations and analyzes the details of the case.

·       Contacts claimants to determine if compliance conference findings have been implemented.

          SUPERVISING LABOR STANDARDS INVESTIGATOR

·       Directs a group of Labor Standards Investigators and Senior Labor Standards Investigators in the investigation of suspected Labor Law violations.

·       Manages and schedules the workload for a district.

·       Analyzes intake and flow of work through the unit, reviews daily summaries, and analyzes statistical information.

·       Establishes and modifies internal unit procedures.

·       Reviews new directives, procedures, and policies to determine the effect on future operations.

·       Directs the manner in which complex cases are handled.

·       Reviews the investigative findings and recommendations of staff regarding referrals for district conferences, compliance conferences, prosecutions, and the closing and reopening of cases.

·       Coordinates investigator and witness statements and testimony.

·       Coordinates investigations with other District Office staff.

·       Prepares reports detailing unit activities, workload, and personnel requirements; reviews and approves the collection and distribution of all funds and wages due to claimants; and evaluates the training needs of the unit.

·       May oversee the activities of special units or programs, such as the Apparel Industry Task Force, Compliance Conference Unit, or the Administrative Services Unit.

          CHIEF LABOR STANDARDS INVESTIGATOR

·       Manages the operation of District and Special Offices in a designated geographic region.

·       Reviews and evaluates unit operations and procedures.

·       Determines investigative priorities.

·       Recommends changes in investigative procedures, methods, and techniques.

·       Assists the Director, Labor Standards and Assistant Director, Labor Standards in the formulation and implementation of Division policy.

·       Coordinates the interpretation and implementation of Labor policies and guidelines with representatives of other governmental or private agencies.

          ASSISTANT DIRECTOR, LABOR STANDARDS

·       Assists in the oversight and supervision of the Labor Standards regional and administrative offices and special programs.

·       Reviews and coordinates area operations to ensure uniform application of policies and procedures.

·       Provides direction and training on new policies and procedures.

·       Represents the Division on intergovernmental boards and committees of public and private agencies.

·       Directs and monitors special programs administered by the Division.

·       Prepares routine and special reports on the operations of the Division.

·       Oversees the staffing of offices and the evaluation of subordinate staff.

·       Directs complex or sensitive investigations.

·       Oversees all the operations of the Division in the absence of the Director, Labor Standards.

          DIRECTOR, LABOR STANDARDS

·       Oversees the enforcement of New York State Labor Laws.

·       Determines investigative priorities and staff assignments.

·       Reviews and evaluates Division reports and statistics to determine if program goals are being met.

·       Recommends and assists in the preparation of new legislative proposals.

·       Reviews and interprets proposed and enacted State and federal legislation relating to Labor Standards programs.

·       Reviews and updates Division procedures and policy guidelines in response to new legislation and court decisions.

·       Conducts or attends orientation programs or public hearings to answer questions or hear complaints regarding new programs or policies.

·       Represents the Commissioner of Labor on special boards and councils.

MINIMUM QUALIFICATIONS

LABOR STANDARDS INVESTIGATOR

Open Competitive: five years of experience in field investigations including the gathering and securing of information and evidence from a variety of sources, away from the official work station, through independent, non-structured activities, including the preparation and submission of detailed narrative reports, in support of legal activities which could lead to prosecution. Thirty semester credit hours may substitute on a year for year basis for the experience, total substitution cannot exceed four years.

Promotion: satisfactory completion of a one-year traineeship as a Labor Standards Investigator Trainee. Admittance to the traineeship requires four years of experience in field investigations including the gathering and securing of information and evidence from a variety of sources, away from the official work station, through independent, non-structured activities, including the preparation and submission of detailed narrative reports, in support of legal activities which could lead to prosecution. Thirty semester credit hours may substitute on a year for year basis for the experience.

SENIOR LABOR STANDARDS INVESTIGATOR

Promotion: one year of permanent competitive service as a Labor Standards Investigator.

          SUPERVISING LABOR STANDARDS INVESTIGATOR

Promotion: one year of permanent competitive service as a Senior Labor Standards Investigator.

CHIEF LABOR STANDARDS INVESTIGATOR

Promotion: one year of permanent competitive service as a Supervising Labor Standards Investigator.

ASSISTANT DIRECTOR, LABOR STANDARDS

Promotion: one year of permanent competitive service as a Chief Labor Standards Investigator or three years of permanent competitive service as a Supervising Labor Standards Investigator.

DIRECTOR, LABOR STANDARDS

Promotion: one year of permanent competitive services as an Assistant Director, Labor Standards.

Revised:  3/15

NOTE:  Classification Standards illustrate the nature, extent and scope of duties and responsibilities of the classes they describe.  Standards cannot and do not include all work that might be appropriately performed by a class.  The minimum qualifications above are those which were required for appointment at the time the Classification Standard was written. Please contact the Division of Staffing Services for current information on minimum qualification requirements for appointment or examination.