The Office of Legal Counsel (OLC) located within the Office of the Solicitor (SOL) of the Department of Labor (DOL) is seeking to fill a vacancy for an Attorney-Advisor. The person selected will serve as the Senior Administrative Law and Regulatory Attorney and will serve as an SOL in-house expert on administrative law and rulemaking; they will also perform other functions as assigned, such as ethics, legislation, opinion, advice, and operational work.
Summary
The Office of Legal Counsel (OLC) located within the Office of the Solicitor (SOL) of the Department of Labor (DOL) is seeking to fill a vacancy for an Attorney-Advisor. The person selected will serve as the Senior Administrative Law and Regulatory Attorney and will serve as an SOL in-house expert on administrative law and rulemaking; they will also perform other functions as assigned, such as ethics, legislation, opinion, advice, and operational work.
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 mission of the Department of Labor (DOL) is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States. DOL’s Office of the Solicitor (SOL) provides legal advice regarding how to achieve those goals. In doing so, SOL ensures that the Nation’s labor laws are forcefully and fairly applied to protect the Nation’s workers.
This position is located in the Division of the Office of Legal Counsel (OLC), one of the national office divisions of SOL. Strong analytical and legal writing skills are a must. Prior experience in Administrative Law and Rulemaking is required.
The incumbent serves as a senior attorney for administrative law assignments and projects, addressing complex and sensitive matters that can have a broad impact on the public and are often of interest to the Department's policy officials. The incumbent conducts research and provides analysis to support OLC’s role in providing legal advice to the SOL leadership, other SOL Divisions, SOL regional enforcement offices, DOL’s Office of the Assistant Secretary for Policy, and other DOL agencies with regard to issues relating to the Administrative Procedure Act and rulemaking, as well as other statutes related to administrative law, including the Congressional Review Act and Federal Vacancies Reform Act.
The incumbent provides guidance and serves as a resource and advisor to other SOL Divisions and senior SOL leadership on administrative law issues that cut across DOL program areas. The incumbent will be called on to assist SOL’s leadership and SOL’s regulatory counsels in assessing and advising on legal risks and litigation related to the regulatory process. The incumbent stays abreast of new developments in administrative law and participates in regular meetings with regulatory counsels in SOL Divisions to discuss new developments, identify training needs, share best practices, and the like. The incumbent maintains and develops resources, including training, to provide SOL staff and DOL agencies with information and resources related to administrative law and rulemaking.
The incumbent may be called upon to advise on and/or assist specific DOL regulatory actions. This may include analyzing specific administrative law issues, and ensuring that proposed rules, regulations, and Federal Register notices are drafted in proper form for publication, are consistent with statutes and the legislative history of statutes affecting DOL programs and comply with the requirements of the Federal Register Act, the requirements and policies of the Secretary, the Administrative Procedure Act, Executive Order 12866, and other applicable statutes or regulations. This may also include analyzing and summarizing public comments on proposed regulations.
As necessary, the incumbent assists with other OLC workstreams. Under the direction of the Counsel for Legislative Affairs, the incumbent drafts proposed legislation to meet the requirements and specifications set by policy officials of the Department and prepares supplemental descriptions of the legislative proposal, as well as analyses to be submitted concerning the need and reasons for the proposal; assists the Counsel for Legislative Affairs by coordinating the clearance of legislative views and items with the Office of Management and Budget.
As necessary, under the direction of the Counsel for Ethics, the incumbent is responsible for advising DOL employees and officials in response to complex and difficult questions or fact situations in the ethics and conduct area, as well as interpretative guidance on the application of the statutes and regulations to ensure integrity and public trust of the Department and its officials. The incumbent responds similarly to individual employees on specific issues as well as program staff concerned with ethics and conduct matters.
Requires a probationary period if the requirement has not been met.
This position is subject to the confidential financial disclosure requirements of the Ethics in Government Act of 1978 (P.L. 95-521). Therefore, if selected, you will be required to complete a Confidential Financial Disclosure Report (OGE Form 450) to determine if a conflict or an appearance of a conflict exists between your financial interest(s) and your prospective position with DOL. This information will be required annually.
Notification Concerning COVID-19 Vaccinations. As required by Executive Order 14043,* Federal executive branch employees are required to be fully vaccinated against COVID-19 regardless of the employee's duty location or work arrangement (e.g., telework, remote work, etc.), subject to such exceptions as required by law. If selected, you will be required to be vaccinated against COVID-19 and to submit documentation of proof of vaccination or to be in the process of requesting an exception to the vaccination requirement before appointment or onboarding with the agency. The agency will provide additional information regarding which forms of documentation can be accepted and how you can request to be considered for a legally required exception from this requirement.
*Currently, implementation and enforcement of Executive Order 14043 has been suspended pursuant to an injunction pending further litigation.
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-15, four (4) 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, for this grade level, is defined as experience with 1) experience and knowledge of applicable law, rules, regulations, and procedures; and 2) experience and knowledge regarding administrative law, including in the context of rulemaking, litigating matters involving challenges to rulemaking and administrative law, or otherwise.
Note: An LL.M may be substituted for a maximum of one year experience.
Education
For this position education is a requirement. You must have obtained a professional law degree (LL.B. or J.D.) from a qualifying educational institution. You must submit academic transcripts demonstrating that you meet the qualifying educational requirements. If you do not submit sufficient academic documentation necessary to demonstrate that you meet the eligibility and minimum qualification requirements described in this announcement, your application will be deemed incomplete, and you will be ineligible for further consideration for this vacancy.
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
The Department of Labor has determined that this position is eligible for telework and may be allowed to telework with supervisory approval. 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.
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.
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
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 their designee may interview applicants.
Evaluation Factors:
Demonstrated skill in preparing well-written, organized, and persuasive legal documents related to administrative law and rulemaking.
Expertise in analyzing and applying laws, rules, regulations, and related authorities concerning the implementation and compliance of regulations and statutes.
Substantial experience in drafting, advising on, or defending legal challenges to rulemaking and sub-regulatory guidance documents.
Demonstrated ability to make effective oral presentations in a clear and concise manner.
Demonstrated ability to work with legal and policy professionals to clarify agency policy objectives and program goals and to prepare regulatory actions and materials that reflect such objectives and goals.
Demonstrated ability to work cooperatively with others, develop partnerships and rapport with those who can provide information and assistance, and effectively assist in negotiating among varying views of interested parties in a manner that fosters the professional efficient development of regulatory policies.
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 B or higher will be considered "well-qualified." Be sure to review DOL Account Eligibility Questions #23 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).
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
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.
-Resumesare 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.
- Writing Samples are required - Provide a writing sample.
- Bar Certification: Should you be selected for this position, 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): Copies of transcripts are not required. Should you be selected for this position, you will be required to submit official 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.
- Cover Letter(s) are highly encouraged but are not mandatory and will not be used to verify experience.
- 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 the veteran's consideration. Additional information is available at https://www.fedshirevets.gov
You may also find more information on positive considerations 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 who 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.
If you are relying on your education to meet qualification requirements:
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”.
Labor, Office of the Solicitor
200 Constitution Ave., NW
Rm. N2419
Washington, District of Columbia 20210
United States
Next steps
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 60 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.
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.
-Resumesare 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.
- Writing Samples are required - Provide a writing sample.
- Bar Certification: Should you be selected for this position, 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): Copies of transcripts are not required. Should you be selected for this position, you will be required to submit official 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.
- Cover Letter(s) are highly encouraged but are not mandatory and will not be used to verify experience.
- 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 the veteran's consideration. Additional information is available at https://www.fedshirevets.gov
You may also find more information on positive considerations 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 who 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.
If you are relying on your education to meet qualification requirements:
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”.
Labor, Office of the Solicitor
200 Constitution Ave., NW
Rm. N2419
Washington, District of Columbia 20210
United States
Next steps
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 60 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.
Fair and transparent
The Federal hiring process is set up to be fair and transparent. Please read the following guidance.
