The Legal Affairs Division provides in-house legal counsel to the Commissioner of Labor, agency management, and employees related to agency matters.
What the Legal Affairs Division does:
- Conducts all administrative rulemaking activity, including verbatim adoption of federal OSHA regulations necessary to maintain NC’s State Plan Status.
- Provides legal guidance regarding internal HR issues.
- Tracks legislative and judicial changes with potential impact on the agency.
- Responds to internal requests for legal interpretations.
- Provides advice concerning the legal implications of proposed and current policies and procedures and legal guidance to each Division/Bureau of the agency to ensure compliance with state and federal laws and administrative rules.
- Coordinates litigation with the N.C. Attorney General’s Office regarding such matters as lawsuits against employers in violation of the Wage and Hour Act or Retaliatory Employment Discrimination Act, Occupational Safety and Health litigation, lawsuits filed against NCDOL, lawsuits filed by NCDOL against third parties for violation of laws enforced by NCDOL, and third party litigation in which the agency is not a party, but the parties are seeking agency documents protected by either the OSH Act or NC Public Records Act.
- Serves as liaison between agency personal and third parties for coordination of appearance for depositions and court hearings, to include providing clarification of agency procedures to attorneys in third party litigation.
- Promulgates internal legal policy and agency-wide policies and procedures.
- Conducts legal review of agency contracts.
- Acts as liaison between the Occupational Safety and Health Review Commission and NCDOL’s OSH Division.
- Coordinates and performs collections in conjunction with the N.C. Attorney General’s Office on outstanding Wage and Hour judgments.
- Tracks and takes appropriate action on bankruptcy issues in which NCDOL is listed as a creditor, to include filing a proof of claim for moneys owed to NCDOL.
- Fields numerous constituent and internal requests for information.
- Handles a multitude of other support duties both internally and in cooperation with the N.C. Attorney General’s Office.
- Houses the Agency Rulemaking Coordinator, Chief Records Officer, Business License Coordinator, and Ethics Liaison.
- Responds to all Elevator, Amusement Device, and Boiler/Pressure Vessel public records requests.
- Handles any and all other agency matters requiring legal review/advice/action.
What the Legal Affairs Division does NOT do:
- Act as private counsel in personal lawsuits (but we CAN refer you to more appropriate resources).
- Be attorneys for NCDOL employees in lawsuits involving DOL work.
- Be expert witnesses.
- Represent the agency in court proceedings.
- Give legal advice to the general public.