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TRIAL ATTORNEY

Department of Labor
Office of the Solicitor
This job announcement has closed

Summary

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

Overview

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Job canceled
Open & closing dates
03/17/2021 to 05/04/2021
Salary
$84,886 to - $172,500 per year
Pay scale & grade
GS 12 - 14
Locations
Few vacancies in the following locations:
Los Angeles, CA
Few vacancies
San Francisco, CA
Few vacancies
Seattle, WA
Few vacancies
Telework eligible
Yes—as determined by the agency policy.
Travel Required
25% or less - Occasional travel may be needed, but travel is not often.
Relocation expenses reimbursed
No
Appointment type
Term - Term Appointment not to exceed 09/30/2024.
Work schedule
Full-Time
Service
Excepted
Promotion potential
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.
Job family (Series)
Supervisory status
No
Security clearance
Not Required
Drug test
No
Position sensitivity and risk
Non-sensitive (NS)/Low Risk
Trust determination process
Announcement number
EX-21-SOL-10
Control number
595514100

Duties

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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.

Requirements

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Conditions of employment

  • Requires a trial period if the requirement has not been met.
  • Relocation expenses will not be paid.
  • Must be a U.S. Citizen, or non-citizen as allowed by law.
  • Appointment to this position may require a background investigation.

Applicants must meet all legal and regulatory requirements. Reference the "Required Documents" section for additional requirements.

Qualifications

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.

Education

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.

Additional 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.

How you will be evaluated

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:

  1. Demonstrated skill in researching and preparing well-written, organized, and persuasive legal documents.
  2. Demonstrated experience and ability in making effective oral presentations in a clear and concise manner.
  3. Proficiency in working independently and as part of a team.
  4. Ideal candidates will have litigation experience that includes analyzing and conducting legal research, preparation of legal pleadings, memorandum and briefs, participation in depositions, hearings/trials and oral arguments before adjudicative bodies. Litigation experience involving the statutes enforced by DOL is not required but is a plus.
  5. Ability to establish and maintain professional and effective relationships with staff, attorney supervisors, client agencies, high-level departmental officials, and the general public.
  6. Ability to multi-task in a complex and fast-paced inter-disciplinary legal environment, requiring the timely collections of facts, identification and resolution of legal and factual issues, identification of options, and formulation of recommendations.

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).


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