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
Philadelphia Regional Solicitor’s Office
and its branch office in Arlington
is responsible for most civil trial litigation and legal
support for the U.S. Department of Labor for matters arising in
Pennsylvania, Maryland, Delaware, Virginia, West Virginia and the District
of Columbia.
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
Philadelphia 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 Employment Standards, Counsel for Safety and
Health, Counsel for Civil Rights, Counsel for Mine Safety and Health and
Black Lung Benefits, and Counsel for ERISA. Each of these
counsels assigns and manages the work in the program area for which each is
responsible.
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