Job DescriptionPosition Summary:Reports to the Vice President, Legal & General Counsel. Supports the general counsel in identifying legal or compliance risk and developing legal strategies for the company, specifically in the area of labor and employment law. Specifically responsible for providing in-house legal assistance to the human resources department to avoid labor and employment disputes and minimize risk in compliance with government, customer, and management directives.
Essential Functions:- Support the general counsel in identifying potential legal and compliance risks while providing consultative advice and practical solutions on labor and employment issues, including regulatory compliance, wage and hour compliance, employee complaints, performance management, performance documentation, discipline, layoffs, termination, etc.
- Maintain thorough knowledge about labor and employment law, including federal, state, and local laws, the National Labor Relations Board (NLRB) and the National Labor Relations Act (NLRA), administrative agency processes, and labor and employment regulations in a multi-jurisdictional environment.
- Liaise with and provide legal and compliance support to the vice president, human resources on labor and employment related matters, including litigation, attend human resources department meetings, as requested, and provided day-to-day legal support to the human resources team.
- Keep abreast of and apprise corporate and facility leadership of legal or regulatory changes in labor and employment law, providing assistance in interpretating and applying applicable labor and employment laws.
- Advise and manage wage and hour issues, including compliance with the Service Contract Act, responding to U.S. Department of Labor and state and local wage and hour audits, as required. Assist human resources and finance with respect to MTC policy and legal requirements implicated by existing payroll related software systems.
- Advise and direct human resources department on leave of absence, disability, and reasonable accommodation issues.
- Develop new and revised corporate policies, standard operating procedures, and the employee handbook.
- Assist with immigration issues, such I-9 compliance and the work visa application process, as instructed.
- Assist the company in complying with customer requirements, particularly related to labor and employment matters.
- Draft employment agreements, severance, waiver and release agreements, non-compete agreements, confidentiality agreements, and other employment related agreements. Review independent contractor arrangements to ensure compliance.
- Negotiate and draft collective bargaining agreements and respond to election petitions, grievances, and unfair labor practice complaints.
- Respond to employment discrimination charges filed with administrative agencies, reviewing facts, analyzing applicable law, and preparing position statements or other written submissions to applicable agencies as required.
- Evaluate, analyze, and respond to legal matters and claims, with a special emphasis on employment-related matters and claims, and recommend case or matter resolution to the chief executive officer, president, chief financial officer, vice president, human resources, and vice president, legal and general counsel, obtaining appropriate approvals and attending trials, hearings, mediations or other alternative dispute resolution conferences on labor and employment matters, as required.
- Hire and coordinate with outside counsel on labor and employment matters, as necessary and required.
- Develop and deliver regular staff training on legal matters, with a particular emphasis on basic labor and employment laws and write online training modules on various human resources issues, in coordination with the employee experience department.
- Provide recommendations for labor and employment related communiqués, such as employee newsletters, customer correspondence, local community publications, and press releases, and draft WARN notices.
- Develop metrics to evaluate and demonstrate the effectiveness of MTC's employment and labor claims management and other programs.
- Maintain proficiency in Microsoft Office 365 (Word, Excel, Teams, Sharepoint, Power Point, etc.), Adobe Sign, Oracle, Workforce, internal risk management, litigation, legal hold, electronic discovery, and other corporate and departmental systems.
- Contribute to our company Culture of Caring by maintaining positive and respectful relationships with employees, customers, vendors, program recipients and our community.
It is expected that the incumbent shall perform other duties as assigned within their capabilities as determined by management.
Education and Experience Requirements:- Law degree from an accredited law school, admission to the Utah State Bar (house counsel admission acceptable) and a minimum of five years directly related experience.
- Excellent judgment, insight and problem solving skills.
- Excellent verbal, written communication, presentation skills.
- Federal government contract and Service Contract Act experience preferred.
- Must be willing and able to travel.
- Unless waived by management, valid driver's license in the state of employment with an acceptable driving record.
