Labor Standards Enforcement Series

California State Personnel Board Specification

Series established January 19, 1977

Scope

This series specification describes five classes in the specialized field of labor standards enforcement.

Definition of Series

Classes in this series are involved in the administration and enforcement of the orders of the Industrial Welfare Commission and State labor laws not specifically under the jurisdiction of other governmental authorities.

Definition of Levels

Deputy Labor Commissioner I

Holds investigatory hearings, examines witnesses, takes affidavits, collects other evidence, makes and directs investigations to determine the extent of compliance with, and to resolve disputes arising under State labor laws and Industrial Welfare Commission orders; assesses and collects civil penalties, or initiates civil or criminal action; files various court actions and legal documents; meets with employers and employees and their representatives to advise them of, and to secure compliance with, requirements; inspects places of employment and employers' records to determine the extent of compliance with the provisions of the Labor Code and Orders of the Industrial Welfare Commission. This is the professional journey level.

Deputy Labor Commissioner II

In addition to the above, holds hearings on CAL/OSHA discrimination complaints, or appeals from citations assessing civil penalties for violations of child labor laws, and on claims for wages and benefits; makes decisions deemed to be final orders of the Labor Commissioner that are entered as judgments in Superior Court; may act as Deputy in Charge of a small office.

Deputy Labor Commissioner III

In addition to the duties described above, plans, organizes, directs and coordinates the work of a district office; may administer a special statewide program of the division; participates in selection and training of staff; makes equitable case load assignments; evaluates staff performance and takes or recommends appropriate action; interprets and applies divisional administrative policies; determines the need for, recommends and justifies new positions, additional equipment and space requirements. This is the first full supervisory level.

Deputy Labor Commissioner IV

In addition to the duties described above, plans, organizes and directs the work of a group of district offices in a major geographical area; or may work directly under the Chief or Assistant Chief in the performance of a special statewide assignment; interprets and applies division administrative policies and coordinates and evaluates area activities to insure uniform application of those policies; provides direction and consultation to subordinate staff in the handling of difficult and sensitive cases; responsible for selection and training of personnel; evaluates performance and tasks or recommends appropriate action. This is the second supervisory level.

Assistant Chief, Division of Labor Standards Enforcement

Assists in the administration of the work of the division by planning and directing the staff services and technical support functions of the division; evaluates program needs; assists the Chief in the evaluation, development and implementation of program policies and procedures in relation to Industrial Welfare Orders; assists in the analysis of proposed legislation and advises the Chief of the need for or the effect of proposed legislation on the program of the division; may act for the Chief in the latter's absence or as directed.

Minimum Qualifications

All Levels:

Education Requirement: The following education is required when general experience is used to qualify at any level:

Education: Equivalent to graduation from college, preferably with emphasis in economics, industrial relations, agribusiness, sociology or other social sciences or business administration. (Additional qualifying experience may be substituted for the required education on a year-for-year basis.)

Either I

Experience must have been in the California state service.

Or II

General Experience Requirement: Experience must have been acquired in one or a combination of the following types of work, one year of which must have been within the last ten years:

1. Industrial relations management, labor relations, or reconciling grievances. or

2. Negotiation or preparation of labor agreements, or interpretation and settlement of grievances arising under labor agreements including conciliation, mediation, or arbitration of disputes. or

3. Professional level work in the investigation and/or settlement of complaints regarding violation of State or Federal laws or regulations.

Deputy Labor Commissioner I

Either I

Experience: One year of experience in the California state service performing the duties of an Industrial Relations Representative, Range C. or

One year of experience in the California state service performing the duties of a Special Investigator I.

Or II

Experience: One year of the above-described general experience.

Or III

Education: Graduation from law school.

Deputy Labor Commissioner II

Either I

Experience: One year of experience in the California state service performing the duties of the class of Deputy Labor Commissioner I or Labor Standards Investigator/Senior Special Investigator.

Or II

Experience: Four years of the above-described general experience.

Deputy Labor Commissioner III

Either I

Experience: One year of experience in the California state service performing the duties of the class of Deputy Labor Commissioner II. or

Two years of experience in the California state service performing the duties of the class of Deputy Labor Commissioner I or Labor Standards Investigator/Senior Special Investigator.

Or II

Experience: Four years of the above-described general experience, at least one of which shall have been in a supervisory capacity.

Deputy Labor Commissioner IV

Either I

Experience: One year of experience in the California state service performing the duties of the class of Deputy Labor Commissioner III. or

Two years of experience in the California state service performing the duties of the class of Deputy Labor Commissioner II. or

Three years of experience in the California state service performing the duties of a class of Deputy Labor Commissioner I or Labor Standards Investigator/Senior Special Investigator.

Or II

Experience: Five years of the above-described general experience, at least two of which shall have been in a supervisory capacity.

Assistant Chief, Division of Labor Standards Enforcement

Either I

Experience: One year of experience in the California state service performing the duties of Deputy Labor Commissioner IV. or

Two years of experience in the California state service performing the duties of the class of Deputy Labor Commissioner III. or

Three years of experience in the California state service performing the duties of the class of Deputy Labor Commissioner II.

Or II

Experience: Five years of broad and extensive general experience of the type described above, three years of which shall have been in an administrative or supervisory capacity.

Knowledge and Abilities

Deputy Labor Commissioner I

Knowledge of: State and related Federal labor laws; orders of the Industrial Welfare Commission; principles, practices, and terminology of labor relations work; purposes, organizations, and trends of employee and employer organizations; terminology used in various occupations; labor and employment conditions and trends in California; industrial occupations and their requirements and employment procedures; the law of contracts as it applies to the field of labor relations; and court procedure and rules of evidence.

Ability to: Interpret and apply State and related Federal labor laws, and orders of the Industrial Welfare Commission; analyze testimony and other types of evidence and draw correct conclusions; hold investigatory hearings and resolve disputes; deal tactfully, effectively, and impartially with employers; conduct difficult and involved investigations of alleged violations of labor laws and Industrial Welfare Commission orders; deal with law enforcement problems tactfully but effectively; analyze situations accurately and take effective action; analyze data; and communicate effectively.

Deputy Labor Commissioner II

Knowledge of: All of the above, and principles and theories of administrative law and judicial review of administrative actions; and legal terms and forms in common use.

Ability to: All of the above, and make accurate summaries of evidence, prepare reasons for decisions, orders, or awards, and make findings based on such facts; conduct fair and impartial hearings in a manner that will obtain all pertinent evidence and win the confidence and respect of the parties; and direct the work of a small office.

Deputy Labor Commissioner III

Knowledge of: All of the above, and programs, policies, and procedures of the Division of Labor Standards Enforcement and the Department of Industrial Relations; principles of personnel management, training, and supervision; and a manager�s/supervisor�s responsibility for promoting equal opportunity in hiring and employee development and promotion, and for maintaining a work environment that is free of discrimination and harassment.

Ability to: All of the above, and plan, organize, direct, and coordinate the work of others; interpret and apply established policies and procedures of the Division of Labor Standards Enforcement and the Department of Industrial Relations; and effectively promote equal opportunity in employment and maintain a work environment that is free of discrimination and harassment.

Deputy Labor Commissioner IV

Knowledge of: All of the above, and programs of the Division of Labor Standards Enforcement and the Department of Industrial Relations; principles and practices of public administration; and a manager�s/supervisor�s responsibility for promoting equal opportunity in hiring and employee development and promotion, and for maintaining a work environment that is free of discrimination and harassment.

Ability to: All of the above, and plan and administer field or headquarters elements of an enforcement program.

Assistant Chief, Division of Labor Standards Enforcement

Knowledge of: All of the above, and budget preparation and control; administrative survey techniques and their application; and fundamentals of report preparation on data processing equipment.

Ability to: All of the above, and develop and administer a division-wide program-oriented management information system; evaluate program needs; evaluate, develop, and implement program policies and procedures of the Division of Labor Standards Enforcement and the Department of Industrial Relations; prepare and edit public information and education material; establish and maintain effective and cooperative relations with those contacted in the course of the work; develop and implement creative and unique methods and procedures for improved management; and effectively promote equal opportunity in employment and maintain a work environment that is free of discrimination and harassment.

Special Personal Characteristics

All Levels:

A sympathetic understanding of labor problems; sound judgment; reliability; impartiality; tact; firmness; patience; neat personal appearance; and willingness to travel and work irregular hours.

Class History