Work Hours Monday through Friday, 40 hours a week with occasional evening, weekend hours and holidays. Hours may change based on business need.
General Description Join the Talent Division as a Senior Employment Counsel. Work involves legal work related to labor and employment law, with an emphasis on legal risk assessment, and proactive issue spotting. Provides legal support to the Talent Division and other agency divisions as assigned. Work involves planning and organizing work; interpreting agency policies, and applying federal and state employment laws, regulations, (including the Federal Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), Title VII, and the Texas Commission on Human Rights Act); preparing legal documents; rendering legal advice and counsel; and defending the agency in administrative proceedings. Analyzes legislation affecting labor and employment law and state employees. May supervise the work of others. May assist the agency Ethics Officer as needed.
Minimum Qualifications - Graduation from an accredited law school with a LL. B or J.D. degree.
- 7 years of legal experience, with an emphasis on employment litigation or traditional labor law and advising management on human resource related issues, including experience applying the FMLA, the ADA, and other federal and state employment laws.
Preferred Qualifications - Licensed to practice law in Texas and other jurisdictions; admission to practice before federal courts.
- Experience in employment law litigation, including administrative agency proceedings (EEOC, TWC, DOL) and court proceedings; experience handling or advising management on employment issues; or experience working with state or federal agencies on employment issues.
- Demonstrated experience conducting workplace investigations and advising on FMLA and ADA leave and accommodation matters.
Licenses and Certifications - Must possess an active license in good standing to practice law in the State of Texas or able to immediately activate license through Texas State Bar upon request.
Essential Job Duties: - Required travel percentage: 5%
- Advises executive management, the General Counsel, the Talent Director, Agency Directors, Deputies, and the Talent Division on employment law and related matters, using specialized expertise to ensure consistent and defensible application of federal and state laws, rules, and policies across the agency.
- Directs, organizes, and coordinates legal activities related to providing legal support to The Talent Division
- Advises on employee complaints, disciplinary actions, leave and accommodation requests, payroll and wageandhour issues, and other employment matters, identifying legal issues and risk early and recommending practical, legally sound solutions.
- Reviews personnel actions and agency employment practices for compliance with state and federal law, and identifies and corrects potential violations before they result in claims.
- Analyzes legal risk in formal discipline, counseling, terminations, reductions in force, and other significant employment matters, including potential discrimination, retaliation, whistleblower, and wageandhour exposure, and recommends courses of action to management.
- Spots and evaluates legal issues in complex or ambiguous fact patterns, including overlapping obligations under multiple statutes (for example, concurrent FMLA, ADA, and workers' compensation issues), and develops clear, practical strategies to resolve them.
- Advises on FMLA eligibility, designation, certification, intermittent leave, and job restoration; and on ADA/Rehabilitation Act reasonable accommodation, the interactive process, medical documentation, undue hardship, direct threat, and confidentiality of medical information.
- Advises on compliance with and exposure under other federal and state employment laws, including, but not limited to, Title VII, the Age Discrimination in Employment Act, the Equal Pay Act, the Pregnant Workers Fairness Act, the Fair Labor Standards Act, USERRA, the Texas Commission on Human Rights Act (Texas Labor Code Chapter 21), the Texas Whistleblower Act (Texas Government Code Chapter 554), and state personnel and leave statutes and rules.
- Formulates and establishes employmentlaw policies and procedures, coordinating with Human Resources, the Director of the Talent Division, and executive management, and updates them as laws, case law, and agency needs change.
- Represents and defends the agency's position on employmentrelated claims before administrative bodies, including the Texas Workforce Commission, the Equal Employment Opportunity Commission, and the U.S. Department of Labor, and in other employment and labor hearings, including preparing position statements, responding to requests for information, and negotiating resolutions.
- Defends the agency in administrative processes, including paper investigations, onsite investigations, mediations, and hearings before hearing officers, and develops case strategy, identifies witnesses and evidence, and prepares witnesses for testimony.
- Prepares and reviews memoranda, briefs, rules, resolutions, policies, guidelines, procedures, and correspondence.
- Assists the Office of the Attorney General (OAG) in preparation of cases for court trials.
- Assists the agency's litigation section with the agency's employment litigation matters from intake through resolution, including assessing the merits and exposure of claims, assisting with the document collection and production, and recommending settlement or other resolution to executive management.
- Conducts or oversees privileged internal investigations of employee complaints, including harassment, discrimination, retaliation, and whistleblower allegations, and advises management on findings, corrective action, and risk.
- Reviews and analyzes legislation affecting employment law and state government employees and prepares bill analysis of potential impacts upon Comptroller operations.
- Independently handles the agency's most complex, sensitive, or highexposure employment matters (for example, class or systemic claims and executivelevel matters), resolving substantive and procedural issues and exercising sound judgment in highstakes situations.
- Advises the agency and employees on ethics issues, including fraud, waste, theft, and abuse, and reviews outside employment activities for conflicts of interest. Assists the Ethics Officer or serves as backup.
- Oversees the preparation of legal opinions, briefs, proposals and procedures.
- Assists with training on employment law issues as needed, including FMLA, ADA, antidiscrimination, antiretaliation, and antiharassment requirements; assists with developing curriculum and providing training to agency managers and personnel related to human resources issues as requested.
- Performs other related work as assigned.
Maximize Your Earnings! At the Comptroller's office, we know potential employees are looking for more than just a paycheck. The agency offers a strong benefits package for you and your family. Insurance, retirement plans, and a flexible work schedule are just the start. See our benefits offering
