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 U.S. District Court 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, ERISA, OFCCP, MSHA and OSHA cases, are referred directly
to the regional 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. Suits
concerning systemic violations involving a national business chain are often
consolidated into a single case and handled by one regional office in
coordination with the national office.
The
Kansas City Regional Solicitor’s
Office
and its branch office in Denver
are responsible for most civil
trial litigation and legal support for the U.S. Department of Labor for
matters arising in
Missouri, Kansas, Iowa, Nebraska, Colorado, Wyoming, Utah, Montana, North
Dakota and South
Dakota.
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. The attorneys in the Office will
occasionally assist the local U.S. Attorneys in the prosecution of
labor-related criminal cases. 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:
Black Lung
Benefits: The Black Lung Benefits
Act (BLBA) provides benefits for certain miners suffering from total
disability due to pneumoconiosis. The Office provides legal support to the
Office of Workers’ Compensation Programs, and protects the Black Lung
Trust Fund in litigation 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 prosecutes violators of these statutes
before administrative law judges.
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-era veteran. The Office provides legal support for the
Office of Federal Contract Compliance Programs, and prosecutes violators
of these laws in 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 prosecutes violators of this statute in U.S.
District Court.
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 prosecutes violators of these statutes
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 prosecutes violators of these statutes
before administrative law judges.
Internal
Labor Issues: The Office provides
legal services to various agencies within the Department relating to
internal labor issues.
Government
Liability: The Office provides
legal services to the agencies with respect to claims made under the Federal
Tort Claims Act (FTCA). The Office also provides legal support to various
agencies with respect to internal labor disputes.
Labor-Management Standards: The
Labor-Management Reporting and Disclosure Act (LMRDA) sets forth certain
reporting, disclosure, election standards relating to labor organizations.
The Office provides legal support for the Office of Labor Management
Standards, and assists the U.S. Attorney in litigation of these cases 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.
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 prosecutes violators of this statute before
administrative law judges.
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 prosecutes violators of this
statute before administrative law judges.
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 prosecutes violators of this statute in U.S.
District Court.
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 prosecutes violators
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 prosecutes violators of
this statute in U.S. District Court.
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 reviews the result of the
agency investigation prior to submission to the Department of Justice for
consideration of litigation in U.S. District Court.
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.
Organization
The
Kansas City 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 for the following areas: Counsel for Wage and Hour Laws Counsel for Safety and Health, Counsel for
ERISA and Counsel for Civil Rights. Each of these counsels
assigns and manages the work in the program area for which each is
responsible.
The
Denver branch Office is managed by an
Associate Regional Solicitor who reports to the Regional Solicitor.
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