The regional offices provide trial litigation and general legal services to the Department, and aid regional officials in carrying out their responsibilities. The regional offices recommend and prosecute litigation at the administrative and District trial levels, prepare legal interpretations and opinions, and assist the United States Attorney in the prosecution of criminal cases.
The caseloads of the regional offices are developed through several channels. Most cases, such as Wage-Hour and OSHA cases, are referred directly to the field offices by the regional client agency. Others are submitted by the appropriate national office division after review in Washington. Most trial-level litigation activity is decentralized to the regions. In some instances, a case may be reviewed by the national division before it is filed in the field. Suits concerning systematic violations involving a national business chain are often consolidated into a single case and handled by one regional office with guidance from the national office.
The Boston office handles litigation in Maine, New Hampshire, Vermont,
Rhode Island, Connecticut, and Massachusetts. Major program areas litigated
are ERISA, OSHA, Wage-Hour, OFCCP, and MSHA.
Mission and Function
The Regional Solicitor's Office has the primary responsibility
for representing the Secretary of Labor in most civil trial
litigation in U.S. District Courts and before administrative law
judges. In addition, the Office provides more general legal services
to aid regional Department officials in carrying out their
responsibilities.
Statutes
The Regional Solicitor's Office provides litigation and legal
services enforcing more than 180 labor statutes. The most common
types of cases handled by the Office include the following:
Occupational Safety and Health: The Occupational
Safety and Health Act (OSHA) sets forth standards intended to
protect the safety and health of employees while working on the job.
The Office provides legal support for the
Occupational Safety and
Health Administration, and litigates violations of this statute
before administrative law judges.
Pensions and Health Care: The Employee Retirement
Income Security Act (ERISA) establishes standards of conduct for
fiduciaries who have discretion and control over the assets or
administration of employer pension or health care plans. The Office
provides legal support for the
Employee Benefits Security Administration, and litigates
violations of this statute in U.S. District Court.
Minimum Wage and Overtime: The Fair Labor Standards
Act (FLSA) generally requires employers to pay certain employees the
applicable minimum wage, as well as one-and-one-half times their
regular rate of pay for each hour over forty hours worked in a week.
The Office provides legal support for the
Wage and Hour Division,
and litigates violations of this statute in U.S. District Court.
Equal Employment Opportunity: Executive Order
11246, the Rehabilitation Act and other statutes prohibit employers
with government contracts from discriminating against employees on
the basis of race, color, religion, sex, national origin, handicap,
and status as a Vietnam veteran. The Office provides legal support
for the Office of Federal
Contract Compliance Programs, and litigates violations of these
laws before administrative law judges.
Federal Contract Labor: The Davis-Bacon Act and
other statutes generally require certain employers with federal
contracts to compensate their employees in accordance with wage
determinations based upon comparable wages and fringe benefits
prevailing in the area. The Office provides legal support for the
Wage and Hour Division,
and litigates violations of these statutes before administrative law
judges.
Child Labor: The Fair Labor Standards Act (FLSA)
sets forth certain standards relating to the working conditions of
children and minors. The Office provides legal support for the
Wage and Hour Division,
and litigates violations of this statute before administrative law
judges.
Migrant Workers: The Migrant and Seasonal
Agricultural Worker Protection Act (MSPA) establishes protections
for such workers with respect to wages, housing, transportation and
other working conditions. The Office provides legal support for the
Wage and Hour Division,
and litigates violations of this statute before administrative law
judges.
Foreign Workers: The Immigration and Nationality
Act (INA) and various related statutes regulate the use and working
conditions of temporary nonimmigrant agricultural workers and other
foreign workers coming into the United States. The Office provides
legal support for the Wage and
Hour Division, and litigates violations of these statutes before
administrative law judges.
Whistleblowers: Various federal statutes contain
protections for certain employees who report, or complain to, their
employers about potential violations of federal statutes. The Office
provides legal support for various Labor Department agencies, and
litigates violations of these statutory protections in U.S. District
Court or before administrative law judges.
Family and Medical Leave: The Family and Medical
Leave Act (FMLA) entitles employees to take reasonable leave for
medical reasons, for the birth or adoption of a child, or to care
for family members with serious medical conditions. The Office
provides legal support for the
Wage and Hour Division, and litigates violations of this statute
in U.S. District Court.
Longshore and Harbor Workers: The Longshore and
Harbor Workers' Compensation Act (LHWCA) provides workers
compensation coverage to certain employees injured while on the
navigable waters of the Unites States and certain shore side areas.
The Office provides legal support to the
Office of Workers'
Compensation Programs, and represents the interests of that
agency in litigation before administrative law judges.
Veterans' Reemployment: The Uniformed Services
Employment and Reemployment Rights Act (USERRA) protects veterans,
reservists, and other military personnel from discrimination in
employment in the private sector. The Office provides legal support
to the Veterans Employment and
Training Services, and litigates violations of this statute in
U.S. District Court.
Labor-Management Standards: The Labor-Management
Reporting and Disclosure Act (LMRDA) sets forth certain reporting,
disclosure, election, and election standards relating to labor
organizations. The Office provides legal support for the
Office of Labor
Management Standards, and represents that agency in litigation
in U.S. District Court.
Mine Safety and Health: The Federal Mine Safety and
Health Act (MSHA) sets forth certain standards for safe and healthy
working conditions in various types of mines. The Office provides
legal support for the Mine Safety and
Health Administration, and litigates violations of this statute
before administrative law judges.
Internal Labor Issues: The Office provides legal
services to various agencies within the Department relating to
internal labor issues raised by DOL employees where the employee
believes that he/she has been discriminated against or has had an
adverse action taken against him/her which the employee believes to
be unfair.
Government Liability: The Office also provides
legal services to the agencies with respect to claims made under the
Federal Employees' Compensation Act (FECA) and the Federal Tort
Claims Act (FTCA).
Organization
The
Boston Regional
Solicitor’s Office is managed by the Regional Solicitor. The Deputy
Regional Solicitor assists the Regional Solicitor with
administrative duties, manages the Office in the Regional
Solicitor’s absence, and supervises certain types of litigation.
The legal work is divided by four Counsel areas: Counsel for
Employment Standards Administration (including Wage Hour), Counsel
for ERISA, Counsel for OSHA, and Counsel for Civil Rights. Each of
these counsels assigns and manages the work in the program area for
which each is responsible.
Contact Boston
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