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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 Chicago office is
the main office in Region V and also has jurisdiction over the Cleveland
branch office. Chicago primarily handles OFCCP, OSHA, MSHA, Wage-Hour, Black
Lung, and ERISA cases and serves the states of Illinois, Wisconsin,
Minnesota, Indiana and Michigan. The major portion of the Cleveland branch
office's workload consists of OSHA, MSHA, Wage Hour, ERISA and Black Lung
litigation arising in Ohio.
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:
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.
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 prosecutes violators of
these laws in 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 prosecutes violators 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
prosecutes violators of these statutes 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.
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.
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 agencies, and prosecutes violators of these statutes in
U.S. District Court.
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.
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.
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.
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 prosecutes violators 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 prosecutes violators 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.
Government Liability: The Office 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). The Office also
provides legal support to various agencies with respect to internal labor
disputes.
Organization
The Chicago 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, and Counsel
for ERISA. Each of these counsels assigns and manages the work in the
respective program areas.
The Regional Solicitor
also manages the branch office in Cleveland which is under the
direction of an Associate Regional Solicitor and Counsel for Safety and
Health.
Contact Chicago
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