Overview

Job Description and Duties

SUMMARY:

Attorney IIIs are attorneys with at least mid-level experience who have, or are expected to acquire shortly after hire, expertise in one or more of the substantive areas of law and practice over which the Department has responsibility. Attorney IIIs are distinguished from the lower level Attorney (A-D) classifications by their years of experience as an attorney, the level of difficulty of assignments, and the level of skill and expertise the attorney is expected to bring to these assignments. They exercise a range of discretion depending on the nature of the assignment, are excepted to work independently, to be able to manage their own case load, and to have strong lawyering skills commensurate with their years of experience.

BRIEF DESCRIPTION:

Under the supervision of the Chief Counsel of the Legal Unit and the Assistant Chief Counsels, Attorney III’s represent the Director of the Department of Industrial Relations (DIR), the Department, and division chiefs and managers in legal matters within the responsibility and jurisdiction of the Department, including civil litigation, workers’ compensation cases involving special funds administered by the Director, administrative and quasi-legislative decisions that are vested in the Director or Department by statute, policy questions, internal DIR personnel matters, legislative questions and issues, and matters concerning a wide variety of other legal issues that may arise in the operation of the Department.

ESSENTIAL FUNCTIONS:

  • Represent the Director of DIR as Administrator of special workers’ compensation funds (the Uninsured Employers’ Benefits Trust Fund (UEBTF), the Subsequent Injuries Benefits Trust Fund (SIBTF), the Death Without Dependents Unit (DWD), and the Return To Work Supplement Program (RTWSP)) in workers’ compensation cases before the Division Offices of the Workers’ Compensation Appeals Boards, the Reconsideration Unit, and in civil appellate courts throughout California. 
  • Provide legal analysis, advice and representation to the Director and the Department as a member of a practice area team in one or more of the following subject areas, as assigned, and based on the operational needs of the unit: 1) serving as a hearing officer in appeals from civil wage and penalty assessments on public works projects which require the payment of prevailing wages, as well as in other areas where the Director is authorized to hold a hearing; 2) researching, analyzing and making recommendations to the Director on public works coverage determinations, handling administrative appeals from those decisions, and defending the decisions of the Director in writ litigation when necessary; 3) representing the Department in employment law and personnel matters before the State Personnel Board, Equal Employment Opportunity Commission, Department of Fair Employment and Housing, Unemployment Insurance Appeals Board, and in related civil litigation; 4) representing the Department with respect to Public Records Act requests and any related litigation; 5) advising the Director and the Department with respect to matters involving the Information Practices Act, privacy, and contracts of all kinds; 6) reviewing and drafting recommended decisions on appeals from Labor Commissioner’s decisions in retaliation complaint investigations; and 7) preparing legislative bill analysis documents and advising the Director with respect to rulemaking, legislation, and general policy issues. Attorney III’s may serve as a lead for a practice area team, with the responsibility for tracking assignments to team members and exercising leadership on legal questions. 
  • Represent the Director, the Department, and division chiefs in state and federal civil litigation, as assigned, involving any of the following substantive areas, without limitation: workers’ compensation law; the California Prevailing Wage Law; challenges to the validity or enforcement of regulations; challenges to the constitutionality of statutory provisions and/or Department practices; apprenticeship matters; self-insured workers’ compensation plans; Public Records Act requests and litigation; wage and hour law; and occupational health and safety matters. 
  • Other assignments and duties as required based on operational needs of the Department and Legal Unit.

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