Trial Attorney (Labor)

This position is located in a regional office or associated branch office under the Department of Labor Office of the Solicitor. The regional offices have responsibility for the trial in U.S. District Courts and before administrative law judges of all civil litigation under the acts, statutes, and authorities listed below. This position is outside the bargaining unit.

Duties

Under the direction of more senior attorneys the incumbent assists on cases related to the:

• Employee Retirement Income Security Act:
• Fair Labor Standards Act:
• Occupational Safety and Health Act:
• Mine Safety and Health Act:
• Davis-Bacon and Related Acts:
• McNamara- O'Hara Service Contract Act;
• Walsh-Healey Public Contracts Act;
• Contract Work Hours and Safety Standards Act;
• Black Lung Benefits Act;
• Employment Retirement Income Security Act;
• Family and Medical Leave Act;
• Handling 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, and
• Other statutes administered or enforced by the Department.

At the direction of the Regional Solicitor, Deputy Regional Solicitor, or program counsel, Incumbent advises, counsels, and works with the various Regional Department of Labor agencies in representing the Secretary of Labor. The incumbent is assigned legal cases arising within the Region, sometimes involving complex and difficult factual, procedural, substantive, and administrative issues that potentially have an effect on positions taken by the agency heads on programmatic enforcement both regionally and nationally and can have an impact on one or more particular industries. The cases sometimes involve research, analysis, and working with experts. The cases also can involve large sums of money, multi-establishment employers with large numbers of employees, important enforcement policies, and novel issues. May present oral arguments in court or at administrative hearings.

The incumbent reviews assigned cases to determine whether to recommend litigation. Prepares legal analysis and makes litigation recommendations for the Regional Solicitor or other supervising attorney, 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 incumbent is expected to handle the case with some supervision and instruction. May also be assigned to work on cases involving delicate matters in which the government has assumed a heavy burden of proof and/or cases where there has been media attention or interest from members of Congress. Litigates or participates in the litigation of cases related to union matters, matters involving those represented by NCFLL and AFGE Local 12, and other active unions in the DOL. Some of the incumbent's cases are vigorously opposed by senior legal counsel employed by labor and employment law sections of national law firms or otherwise highly qualified and very experienced litigation counsel.

Salary

• $81,186 - $177,762/year

Conditions of Employment

• Must be at least 16 years old.
• Must be a U.S. Citizen.
• Requires a trial period if the requirement has not been met.
• Appointment to this position may require a background investigation.

Qualifications

IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. Position titles alone cannot be used to determine if you are qualified. Please list dates in MM/DD/YY format. This is imperative in determining if you have at least one year of creditable specialized experience. Dates will not be assumed. 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.

In addition to being a member of the bar, applicants must have had the amount of post-law school legal experience indicated below. The qualifying experience must have been progressively responsible legal experience of a professional nature that demonstrates the ability to perform the work at the grade level for which the application is being made. All Master of Law (LL.M) may be substituted for a maximum of 1 year of experience.

GS-11: Completion of first professional law degree (LL.B. or JD) and active membership in good standing of the bar.

GS-12: Applicants must have one (1) year of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level.

GS-13: Applicants must have two (2) years of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level.

GS-14: Applicants must have three (3) years of post-law school legal experience of a professional nature which demonstrates the ability to perform the work at this level. At least twelve months of the qualifying experience must have been at a level of difficulty comparable to the next lower grade level in the federal service.

Applicants also must supply the following documents below.

Bar Certificate: You MUST provide proof that you are a member in good standing of the bar of a court of general jurisdiction of a state, territory or possession of the U.S.

Transcripts: You MUST provide a copy of your law school transcript to be considered for this position. Verification of your academic degree(s) is necessary to determine your qualifications or eligibility for this position. Unofficial transcripts may be submitted during the application phase of the process, although you will be required to submit official transcripts for verification purposes before you are hired. Please note that you must earn a J.D. or L.L.B degree before you can begin working.

Writing Sample: In addition to your transcripts applicants MUST also provide an unedited legal writing sample that is no more than ten (10) pages long with your application in order to receive further consideration. The writing sample can a portion of a brief or memorandum.

Education A LL.B or J.D. is a requirement for this position. 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. Other Information Applicants must meet all legal and regulatory requirements. Reference the Required Documents section for additional requirements. Click for Career Ladder Promotion Information The mission of the Department of Labor (DOL) is to protect the welfare of workers and job seekers, improve working conditions, expand high-quality employment opportunities, and assure work-related benefits and rights for all workers. Refer to these links for more information: GENERAL INFORMATION, REASONABLE ACCOMMODATION, ADDITIONAL DOCUMENTATION, FORMER FEDERAL EMPLOYEES As a condition of employment, all personnel must undergo a background investigation for access to DOL facilities, systems, information and/or classified materials before they can enter on duty: BACKGROUND INVESTIGATION Click for Telework Eligibility Information Based on agency needs, additional positions may be filled using this vacancy. The Fair Chance Act (FCA) prohibits Federal agencies from requesting an applicant's criminal history information before the agency makes a conditional offer of employment. If you believe a DOL employee has violated your rights under the FCA, you may file a complaint of the alleged violation following our agency's complaint process Guidelines for Reporting Violations of the Fair Chance Act. Note: The FCA does not apply to some positions specified under the Act, such as law enforcement or national security positions. All Department of Labor employees are subject to the provisions of the Drug-Free Workplace Program under Executive Order 12564 and Public Law 100-71. Required Documents

The following documents must be submitted by 11:59 p.m. (ET) on the vacancy closing date. You are not required to submit a document if it does not apply to you.

• Resumes: Required and applicants must 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 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.
• Bar Certification: You must provide proof that you are a member in good standing of the bar 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): You must provide a copy of your law school transcript to be considered for this position. Verification of your academic degree(s) is necessary to determine your qualifications or eligibility for this position. Unofficial transcripts may be submitted during the application phase of the process, although you will be required to submit official transcripts for verification purposes before you are hired. Please note that you must earn a J.D. or L.L.B degree before you can begin working.
• Writing Sample (If Applicable): Applicants must submit a writing sample. Some examples of documents demonstrating writing skills are briefs, legal memoranda, and opinion letters. These examples should total no more than 10 pages in length. Extracts of selected sections of larger documents are acceptable. This work must be your own, not edited by someone else.
• 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 Feds Hire Vets - Veterans Preference

You may also find more information on positive considerations for attorney hiring.

Cover Letter(s) are not mandatory and will not be used to verify experience but may be submitted.

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.

NOTE: If you are selected, your OFFICIAL Transcript(s) MUST BE RECEIVED before the firm offer with a start date is provided.

Do not upload password-protected documents.

Applicants selected for employment who are not current DOL employees will be required to provide proof of citizenship, and the E-Verify system will be used to confirm the employment eligibility of all new hires.

As a condition of employment for accepting this position, you may be required to serve a 1 year trial period during which we will evaluate your fitness and whether your continued employment advances the public interest. In determining if your employment advances the public interest, we may consider:

- your performance and conduct;
- the needs and interests of the agency;
- whether your continued employment would advance organizational goals of the agency or the Government; and
- whether your continued employment would advance the efficiency of the Federal service.

Upon completion of your 1 year trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

How to Apply

Persons who are deaf, hard of hearing, blind, or have speech disabilities, please dial 711 to access telecommunications relay services.

To apply for this position, you must complete the initial online application, including submission of the required documentation specified in the Required Documents section.

Your application and ALL required supplemental documents MUST be received by 11:59 pm Eastern Time 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.

Important - Save your information before the 30 minute system 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.

NOTE: In alignment with the Presidential Memorandum titled Merit Hiring Plan, dated May 29, 2025, applicants may only submit a resume limited to two (2) pages. Only the résumé uploaded under the 'Resume" document type in USAJOBS will be reviewed. If the resume submitted exceeds two (2) pages, the application will be deemed ineligible for further consideration.

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 job title and then click the Apply button. For questions about the vacancy, contact the Agency Contact at the bottom of the announcement. Proceed through the 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. In the final step, once you have certified your application, click the Continue to agency site button.

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 progress steps at the top of the DOL page. The 2nd progress step is where you answer the vacancy-specific questions. The 3rd progress step Documents is where you submit the required documents (only if applicable to you) specified in the Required Documents section of this vacancy.

STEP 4 - On the Review and Submit step, verify each section of your application is complete and correct. In order to submit your application, you must have a check mark next to each section listed. If there is an X, return to the appropriate section and follow the prompts. When it is ready for submission, certify your application and click the Submit Application button.

STEP 5 - Edit Application as needed by 11:59 pm Eastern Time of Closing Date by returning to USAJOBS, clicking the vacancy, thenUpdate Application.

NOTE: It is your responsibility to ensure your responses and appropriate documentation is submitted prior to the closing date.

For more detailed information on applying for positions with DOL click here to view the U.S. Department of Labor, How to Apply website.