Contracts and Employment Law Attorney
Pierre, SD
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Job Description

This is a full-time position with the Bureau of Human Resources. For more information on the Bureau of Human Resources, please visit http://bhr.sd.gov/.

The Bureau of Human Resources is seeking qualified applicants for a full-time attorney specializing in employment law and contracts. This position will serve as in-house counsel for the Bureau of Human Resources and have knowledge of state and federal laws, rules and regulations relating to employment, insurance and labor laws. The incumbent will provide legal advice and recommendations to Human Resource Managers and BHR management, as well as state agencies as needed. The position will also provide legal services to the Bureau related to health and welfare benefit plan compliance and administration, Section 125 cafeteria plans and health care reform legislation which affects employer-sponsored group health plans, and the state employee workers compensation program. The incumbent will have a familiarity with COBRA, HIPAA, HSAs, FSA and self-funded medical plans. In addition, the position is responsible for preparing, examining, analyzing, negotiating, and revising contracts on behalf of the Bureau. Lastly, this position serves as the State's Americans with Disabilities Act (ADA) Coordinator and is responsible for maintaining the requirements of the ADA.

Duties include:

  • serve as counsel for BHR and provide legal advice to BHR Division Directors, BHR Human Resource Managers, and other agencies involving employment law;
  • actively monitor employment law changes to ensure policies and practices are compliant;
  • work with internal clients to respond to allegations of discrimination and represent BHR for employee appeals and grievances with the Equal Employment Opportunity Commission and Civil Service Commission;
  • review and interpret South Dakota administrative rules and codified laws relating to the State Employee Health Plan and Flex Benefit Plans;
  • review and interpret Federal and State of South Dakota employment law and administrative rules;
  • create and conduct educational and preventative training for managers across state government on employment-related topics such as hiring practices, discipline, FMLA, FLSA, ADA,HIPAA discrimination and harassment;
  • lobby and testify on legislation during legislative session;
  • review contracts and provide counsel on the legal framework of Benefit plans.

Licenses and Certification:

Applicant must be a graduate of an accredited law school, and be a member or eligible for admission to the South Dakota State Bar. Certification in HR is a plus (PHR, SPHR, SHRM-CP, SHRM-SCP, etc.)

The ideal candidate will have:

Knowledge of:

  • state and federal laws, rules, and regulations relating to health insurance and benefit laws;
  • state laws, rules, and regulations relating to state contracts;
  • state and federal laws, rules, and regulations relating to employment, such as the ADA, FMLA, and FLSA;
  • South Dakota state government operations;
  • Legislative and administrative rule process.

Ability to:

  • communicate clearly;
  • solve problems and articulate issues for a wide variety of audiences;
  • demonstrate effective negotiation, organizational, and decision making skills with ability to plan, prioritize, and multi-task;
  • review, comprehend, and, as necessary, rephrase/edit complicated contract language;
  • generate required documents independent of a legal secretary or paralegal assistant;

This position is exempt from the Civil Service Act.

The State of South Dakota does not sponsor work visas for new or existing employees. All persons hired will be required to verify identity and eligibility to work in the United States and complete an Employment Eligibility Verification, Form I-9.

The State of South Dakota offers paid employee health insurance plus ten paid holidays, generous vacation leave accrual, and medical, dental, vision, and other benefits. For more information please visit https://bhr.sd.gov/job-seekers/work-for-state-government/. This position is a member of Class A retirement under SDRS.

Job Type Full-time