Trial Attorney (Labor)

Summary

This is a trial attorney position in the Plan Benefits Security Division ("PBSD"), Office of Solicitor ("SOL"), U.S. Department of Labor. PBSD provides legal advice and litigation services to the Employee Benefits Security Administration relating to the Employee Retirement Income Security Act of 1974 ("ERISA"). PBSD conducts complex litigation under ERISA to protect the interests of workers and retirees in their pension, health, and other ERISA-covered employee benefit plans.

Duties

The incumbent represents the Secretary of Labor as plaintiff in civil litigation enforcing the Employee Retirement Income Security Act of 1974 ("ERISA") and portions of the Affordable Care Act of 2010 ("ACA") in United States district courts throughout the country. The incumbent will work under the supervision of senior attorneys and often as part of a litigation team. The litigation protects the pension and health benefits of employees participating in ERISA-covered benefit plans by obtaining injunctive and substantial monetary relief against plan trustees and other fiduciaries who have breached their fiduciary duties under ERISA. The pension benefit cases often involve investments of plan assets, and an understanding of the financial transactions at issue is important to evaluating the merits of the case and effectively using our expert witnesses and challenging the opponents' experts. The health benefit cases involve novel and challenging issues under ERISA and the ACA and may require expert witnesses. The incumbent will also litigate cases seeking civil monetary penalties under ERISA section 502(c)(2) before administrative law tribunals. The incumbent's responsibilities include legal assistance during investigations conducted by our client agency within DOL, the Employee Benefits Security Administration ("EBSA"), reviewing investigations conducted by EBSA, and preparing a written factual and legal analysis and recommendation as to whether the Secretary should bring an enforcement suit based on the investigation. The attorney is responsible for preparing court pleadings and motions, arguing and presenting evidence and witnesses in court hearings, and conducting all forms of pretrial discovery, settlement negotiations, and trials, often as part of a team of attorneys with various levels of experience. These responsibilities require the ability to aggressively pursue the litigation to conclusion through settlement, summary judgment, or trial and the ability to work cooperatively with other trial attorneys, supervisors, paralegals, and support staff. The incumbent may also have the opportunity to brief and argue appeals in the U.S. Courts of Appeals, including cases in which the Secretary is participating as amicus curiae.The incumbent may also provide legal opinion and advice in connection with drafting or reviewing regulations under the ERISA, proposed legislation, ERISA prohibited transaction exemptions, ERISA advisory opinions, and other legal guidance.

Qualifications and evaluation

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. 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: Demonstrated skill in researching and preparing well-written, organized and persuasive legal documents. Ability to make effective oral presentations in a clear and concise manner. Ability to plan and conduct litigation. U.S. District trial experience is a plus. Ability to establish and maintain effective liaison with high level departmental officials, regional program officials, supervisors, agency staff and the general public. Ability to multi-task in a complex and fast-paced inter-disciplinary legal environment, entailing timely collections of facts, identification and resolution of issues, enumeration 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 ICTAP/CTAP ELIGIBLE(S) ONLY: If you are eligible for special priority selection under ICTAP/CTAP, you must be well-qualified for the position to receive consideration. ICTAP/CTAP eligible(s) who are placed into Category Well- Qualified or higher will be considered well-qualified. Be sure to review the eligibility questions 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 paid, unpaid, volunteer, as it demonstrates the competencies or skills required for the position to be filled. Your evaluation may include an interview, reference checks, or other assessment conducted by HR specialists, subject matter experts, or panel members and may include other assessment tools (ex. interview, structured interview, written test, work sample, etc.). The examining Office of Human Resources (OHR) makes the final determination concerning applicant ratings.

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.

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, then Update 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.

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: 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): 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. 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. 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. 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. 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 trial period your employment will be terminated unless you receive certification, in writing, that your continued employment advances the public interest.

Additional information

Applicants must meet all legal and regulatory requirements. Reference the Required Documents section for additional requirements. This position is inside the bargaining unit. If the duty location is within the Washington, D.C. metropolitan area, the position will be included in the Local 12, AFGE bargaining unit. If the duty location is outside the Washington, D.C. metropolitan area, the position will be included in the NCFLL bargaining unit. 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.