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This position is located in the Region IX, San Francisco, Los Angeles and Seattle Regional Offices. Region IX litigates cases pursuant to the various laws administered by DOL in Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, and Washington, as well the Pacific Island territories of the United States.
Note: Practicing lawyers in California must be licensed by the State Bar. If selected for Los Angeles or San Francisco must be or become member of California Bar
Learn more about this agency03/17/2021 to 05/04/2021
$84,886 - $172,500 per year
GS 12 - 14
Few vacancies in the following locations:
Yes—as determined by the agency policy.
25% or less - Occasional travel may be needed, but travel is not often.
No
Term - Term Appointment not to exceed 09/30/2024.
Full-Time
Excepted
14 - There is no obligation to provide future promotions if you are selected. Promotions are dependent on your ability to perform the duties at a higher level, meet all the performance requirements, and supervisor’s recommendation to the next grade.
No
No
EX-21-SOL-10
595514100
U.S. Citizens, Nationals or those who owe allegiance to the U.S.
Current excepted service federal employees.
Federal employees who meet the definition of a "surplus" or "displaced" employee.
This is an Excepted Service position and is open as well to Non-Citizens as allowed by law. This position will be filled through an alternative hiring process and is not in the competitive civil service.
The San Francisco Regional Office has responsibility for the trial in U.S. District Courts and before administrative law judges of all civil litigation under the Fair Labor Standards Act, Mine Safety and Health Act, Occupational Safety and Health Act, Black Lung Benefits Act, the Employment Retirement Income Security Act, Family and Medical Leave Act, Public Contracts Act, Section 503 of the Rehabilitation Act, and over 180 diverse federal laws enforced by the Department of Labor's agencies. Legal advisory services are also furnished in connection with many of these Acts and Executive Orders. Legal advice and assistance is also given to the Office of the United States Attorney in regard to the criminal prosecution of cases and defensive actions under such statutes as the Fair Labor Standards Act, Labor-Management Reporting and Disclosure Act, Mine Safety and Health Act, Occupational Safety and Health Act and other federal statutes and Executive Orders. This office is responsible for legal advice and litigation under various whistleblower statutes. This office represents the various agencies in adverse action matters before the Merit Systems Protection Board and the Equal Employment Opportunity Commission.
As a Trial Attorney (Labor), the incumbent is responsible for the analysis, preparation, and litigation of factually, technically and legally complex cases brought in the Region by the Secretary of Labor under statutes and executive orders administered by the Department’s various enforcement agencies. The trial attorney also handles internal labor and employment-related litigation involving Department of Labor employees within the Region, including appeals of personnel actions to the Merit Systems Protection Board, claims of discrimination filed with the Equal Employment Opportunity Commission, and cases arising under Executive Order 11491 dealing with federal union- management activities. The complexity of the work and the degree of independence expected of a trial attorney increases from the GS-12 to the GS-14 level.
The trial attorney is responsible for cases assigned at all stages of litigation, including writing legal analyses to determine whether an enforcement matter should be pursued. Based on knowledge of all assigned program areas, as well as an understanding of relevant DOL programs, the trial attorney analyzes cases and, with increasing independence, identifies, evaluates and resolves all factual, legal, and policy issues; considers and discusses options; draws sound conclusions; and makes appropriate recommendations to the Regional Solicitor, Associate Regional Solicitor, Deputy Regional Solicitor, or program counsel. The incumbent researches more complex and significant matters, using specialized research tools. The incumbent writes original legal documents, conveying in writing relevant facts, law and policy in complex and significant matters.
The trial attorney reviews assigned cases to determine whether to recommend litigation. The trial attorney prepares legal analyses and litigation recommendations for the Regional Solicitor, Associate Regional Solicitor or other supervising attorneys, evaluating cases in terms of the factual evidence, the legal and procedural issues involved, and other considerations that bear on the propriety of litigation. If the Regional Solicitor authorizes litigation, the trial attorney is expected to handle the case under the guidance, supervision and instruction of the Regional Solicitor, Associate Regional Solicitor, Deputy Regional Solicitor and/or Counsel for the assigned program area, or a trial attorney who is acting as lead counsel in a matter.
The trial attorney plans and handles all phases of trial preparation, including preparing complaints and answers to complaints (in defensive actions); providing pre-litigation advice and assistance to client agencies in their investigations; propounding and responding to written discovery; taking or defending depositions; drafting various pleadings, including motions, legal memoranda, and briefs; and representing the Department at pre-trial hearings and trials.
The trial attorney may direct all phases of the Department’s case during the trial, developing a pre-trial plan; entering into appropriate stipulations; examining and cross-examining fact and expert witnesses; using evidentiary and procedural rules at trial; and responding to judicial concerns.
Applicants must meet all legal and regulatory requirements. Reference the "Required Documents" section for additional requirements.
To qualify for an attorney position, applicants must possess a professional law degree (LL.B. or J.D.); be a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S.; and have acquired the amount of experience indicated below for each grade level.
GS-12, one (1) year of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one (1) year of qualifying experience, at this level, must be specialized experience as defined below.
GS-13, two (2) years of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be specialized experience as defined below.
GS-14, three (3) years of progressively responsible legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least one year of qualifying experience, at this level, must be specialized experience as defined below.
Specialized experience is defined as experience conducting federal, state and administrative litigation, which includes developing case strategies; drafting initial pleadings and motions; conducting written discovery and deposition practice; and preparing for and appearing at hearings and trials.
Any applicant falsely claiming an academic degree from an accredited school will be subject to actions ranging from disqualification from federal employment to removal from federal service.
If your education was completed at a foreign college or university, you must show comparability to education received in accredited educational institutions in the United States and comparability to applicable minimum course work requirements for this position. Click Evaluation of Foreign Education for more information.
DOL seeks to attract and retain a high performing and diverse workforce in which employees’ differences are respected and valued to better meet the varying needs of the diverse customers we serve. DOL fosters a diverse and inclusive work environment that promotes collaboration, flexibility and fairness so that all individuals are able to participate and contribute to their full potential.
Refer to these links for more information: GENERAL INFORMATION, ADDITIONAL DOCUMENTATION, FORMER FEDERAL EMPLOYEES
**Ability to speak Chinese, Korean, Tagalog, or Spanish is not required but preferred.**
Position Telework eligibility is determined by management based on position duties during the recruitment process. Employee participation in telework on a routine or situational basis is determined by management primarily based on business needs. Employees participating in telework are subject to the terms and conditions of the Department of Labor’s Telework Program.
You will be evaluated for this job based on how well you meet the qualifications above.
Applicants meeting the minimum qualification requirements for this position will be further evaluated against the following evaluation factors. Current and/or past supervisors may be contacted unless specified otherwise. A panel and/or the selecting official or his/her designee may interview applicants.
Evaluation Factors:
It is the responsibility of the applicant to supply sufficient information to provide a basis for rating each of the evaluation factors listed above.
INFORMATION FOR CTAP/ICTAP ELIGIBLE(S) ONLY: If you are eligible for special priority selection under CTAP or ICTAP, you must be well-qualified for the position to receive consideration. CTAP/ICTAP eligible(s) who are placed into Category Well Qualified or higher will be considered "well-qualified." Be sure to review DOL Account Eligibility Questions #24 to reflect that you are applying as an ICTAP or CTAP eligible and submit supporting documentation.
The information you provide may be verified by a review of your work experience and/or education, by checking references, and through other means (ex. interview).
The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date. Warning: If you submit a document using the same document title, the 2nd submission will OVERWRITE the 1st submission. You are not required to submit a document if it does not apply to you.
-Resumes are required - provide a resume either by creating one in USAJOBS or uploading one from your profile. To receive full consideration for relevant and specialized experience, please list the month, year, and the number of work hours worked for the experience listed on your resume. We also suggest that you preview the vacancy questions, and confirm that your resume supports your question responses.
- Cover Letter(s) Please submit a cover letter no longer than one page explaining why you are interested in working for the U.S. Department of Labor, Office of the Solicitor. Cover letters are not mandatory and will not be used to verify experience, but are highly encouraged. Please note any special language skills, if applicable.
- Writing Samples are required: Please submit a writing sample of no longer than 20 pages. It is acceptable to submit an excerpt from a longer writing sample.
- Bar Certification: Practicing lawyers in California must be licensed by the State Bar. If selected for Los Angeles or San Francisco must be or become member of California Bar. Should you be selected for a position in Seattle, you will be required to submit documentation verifying that you are an active member of the Bar in Good Standing of any State, District of Columbia, Puerto Rico, or any Territorial Court under the U.S. Constitution. This letter and/or certificate should be dated within the last six months of the closing date of this job announcement.
- Transcript(s): Should you be selected for this position, you will be required to submit documentation verifying that you have completed your first professional law degree. Applicants who claim substitution of education for experience with an LL.M must submit a copy of their transcripts for verification.
- Veterans Documents (if applicable): Attorney appointments within the Department of Labor are positions in the excepted service, not the competitive service. There is no formal rating system for applying veterans’ preference in attorney appointments; however, the Department of Labor considers veterans’ preference eligibility as a positive factor in attorney hiring. In order to receive positive consideration, you must indicate your eligibility, in response to the appropriate item on the vacancy questionnaire. Additionally, you must submit a copy of your Certificate of Release or Discharge from Active Duty, DD214 showing the type of discharge and dates of active duty and, if applicable, a VA letter certifying the present existence of the service-connected disability which indicates the percentage of your disability. (For active duty service members expecting to be honorably discharged or released within 120 days, click Active Duty) Without this documentation, you will not receive veteran's consideration. Additional information is available in the Vet's Guide.
You may also find more information on positive consideration for attorney hiring.
- Displaced Employee Placement Documents: These documents are only required if you are requesting priority consideration under ICTAP/CTAP Eligibility. Applicants with disabilities (SCHEDULE A) applying under the area of consideration must submit proof of certification by counselors, State vocational rehabilitation agencies, or the Veterans Administration.
Applicants selected for employment that are not current DOL employees will be required to provide proof of citizenship, or non-citizenship as allowable in Excepted Service hiring through P.L. 112-10, and the E-Verify system will be used to confirm the employment eligibility of all new hires.
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
To apply for this position, you must complete the initial online application, including submission of the required documentation specified in the "Required Documents" section.
Follow the steps below to apply. Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time (ET) on the vacancy closing date to receive consideration. Paper applications and supplemental documents submitted in any other manner without prior approval from the vacancy contact will not be considered. Click here for information on Reasonable Accommodations.
SAVE your information before the 30 MINUTE TIMEOUT! For help, go to USAJOBS Help Center.
STEP 1 - Create USAJOBS Account on www.usajobs.gov, including Resume and Saved Documents Your resume must provide sufficient information to substantiate your responses to the self-assessment vacancy questions. If not, HR may amend your responses to more accurately reflect the competency indicated by resume content. FOR EACH EMPLOYMENT PERIOD, include: start/end month & year and note full-time or part-time (if part-time, include # of hours worked per week); otherwise, your application may be considered incomplete.
STEP 2 - Complete the 1st part of the application process (USAJOBS) Once you have identified a job on USAJOBS that you wish to apply for, click on the title and click the "Apply" button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Click “Start Application” and proceed through the 5 steps noted at the top of the USAJOBS page. You will be able to select a resume and documents from your USAJOBS Account that you can submit as a package as part of your DOL application. At Step 5, click “Continue to Agency Site”.
STEP 3 – Complete the 2nd part of the application process (DOL) On the Department of Labor (DOL) page, create a DOL Account if you have not already and click “APPLY TO THIS VACANCY”. Continue through the 7 progress steps indicated by circles at the top of the DOL page. The 3rd progress step is where you answer the vacancy specific questions. The 4th progress step "Documents" is where you submit required documents (only if applicable to you) specified in the "Required Documents" section of this vacancy. If you submit a document using the same document title, the 2nd submission will OVERWRITE the 1st submission.
STEP 4 – On the “Review and Submit” step, click “Submit Application” The last “Confirmation” step will turn green noting that your application was submitted successfully.
STEP 5 - Edit Application as needed by 11:59 pm ET of Closing Date by returning to USAJOBS, clicking the vacancy, then “Update Application”.
Once your complete application is received, we will conduct an evaluation of your qualifications and refer candidates for selection consideration. Candidates will be referred to the hiring manager for further consideration and possible interview. You will be notified of the outcome. A selection is expected to be made within 30 calendar days from the issuance date of the certificate.
For instructions on how to check the status of your application, go to: USAJOBS Help Guide.
USAJOBS will no longer send status alert email notifications. You can check your application status in the TAS by logging into USAJOBS and in the Applicant Dashboard, click the hiring agency Talent Acquisition System (TAS). If the TAS does not provide application tracking information, contact the agency point of contact on the job announcement.
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
This job originated on www.usajobs.gov. For the full announcement and to apply, visit www.usajobs.gov/job/595514100. Only resumes submitted according to the instructions on the job announcement listed at www.usajobs.gov will be considered.
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