Duties

Summary

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. The duty location for this position is the National Office located in Washington, D.C.

Learn more about this agency

Responsibilities

This position is located in the Plan Benefits Security Division ("PBSD"), of the Office of Solicitor ("SOL"), U.S. Department of Labor. PBSD is responsible for providing legal advice and litigation services to Employee Benefits Security Administration ("EBSA") relating to the Employee Retirement Income Security Act of 1974 ("ERISA"), including amendments to ERISA under the Affordable Care Act of 2010, and the Federal Employee Retirement Security Act ("FERSA").

In PBSD, we initiate and conduct complex and sophisticated litigation brought by the Department to enforce ERISA. These cases are brought to protect the interests of workers and retirees in their pension, health benefit, and other employee benefit plans covered by ERISA. They are brought in the federal courts throughout the country and often involve expert testimony and large volumes of documents which sometimes run into the millions of pages. In collaboration with the Solicitor General, PBSD is responsible for the appeals of these cases, and those brought under ERISA by regional offices of SOL, as well as for filing amicus curiae briefs in the federal appellate courts and Supreme Court on important ERISA issues. PBSD also supports the Department of Justice in defensive cases brought against DOL officials and those challenging agency action and regulations in the area of ERISA. PBSD also has a group of regulations attorneys dedicated to providing legal services in support agency rulemaking and legal opinions and advice on a broad array of ERISA and related legal and legislative issues.

PBSD is comprised of a talented, hard-working group of approximately 40 attorneys and paraprofessional support staff members with diverse backgrounds and skill sets. PBSD 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. PBSD 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.

The Counsel for Litigation (Counsel) plays a critical role in ensuring adequate representation of the Secretary of Labor (Secretary) in ERISA litigation involving complex financial transactions and novel pension and welfare plan issues and adequate supervision and training of PBSD trial attorneys working on those cases.

Counsel conducts and oversees complex ERISA enforcement cases at every stage of litigation, including managing the work of intra- and inter-office litigation teams to achieve favorable results, at times in areas where there is no legal precedent and where counsel must develop novel legal theories and litigation strategies and proactively recommend and implement courses of action. Counsel may also be called upon to supervise appellate and amicus litigation in the Division.

Counsel supervises attorneys in ERISA cases brought against the Secretary, both when PBSD directly defends the Secretary and when PBSD provides support to DOJ's defense of the Secretary.

Counsel supervises attorneys providing pre-referral assistance to the Employee Benefits Security Administration (EBSA) in investigations.

As needed, Counsel may be assigned to supervise the preparation of, review, and edit any written product of PBSD attorneys.

Counsel provides advice and makes recommendations to EBSA and to the Associate Solicitor, Deputy Associate Solicitor, and others throughout the Solicitor's Office on substantive and procedural legal issues and on policy and management issues that affect all work in the area of Counsel's responsibility, taking into consideration developments in the law and the enforcement objectives of the Department.

Counsel supervises a staff of attorneys and paralegals under the general direction of the Associate Solicitor and Deputy Associate Solicitor. Counsel assigns work to trial attorneys and support staff as needed in litigation, reviews and edits work products, and gives regular feedback on performance. To the extent possible, Counsel identifies and considers the professional development needs of the attorneys and staff in making assignments. Counsel prepares subordinates' performance appraisals in accordance with Department and SOL policies.

Travel Required

Occasional travel - Travel is for work purposes.

Supervisory status
Yes

Promotion Potential
15 - 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.

Requirements

Conditions of Employment

• Appointment to this position may require a background investigation.
• Requires a trial period if the requirement has not been met.
• U.S. Citizenship.
• Relocation expenses will not be paid.
• This position is not included in the bargaining unit.

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.

Applicants must possess at least 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, must be at the next lower grade level (GS14 or equivalent) which must include specialized experience as defined below:

Specialized experience is defined as experience in conducting litigation of civil cases in federal or state trial or appellate courts or administrative agencies. Demonstrated knowledge of ERISA also required.

Note: An LL.M may be substituted for a maximum of one year experience.

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

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:

Applicants will be evaluated to determine if they meet the minimum qualification requirements and on the extent to which their application establishes possession of the following knowledge, skills, and ability factors associated with the position:

Demonstrated/potential ability to manage litigation, including supervising attorneys in the preparation and trial of complex cases, pre-trial and post-trial briefings, settlement of cases short of litigation. Demonstrated/potential ability to supervise and edit attorneys' written work product as well as acting as an effective liaison with the client or client agency.

Demonstrated knowledge and ability to serve as a senior legal advisor on complex legal and policy issues concerning statutes, regulations and other authorities administered or enforced by the Department. Demonstrated knowledge of ERISA.

Demonstrated ability to communicate effectively and persuasively both orally and in writing in a clear and concise manner including demonstrated experience in preparing and supervising the preparation of well-written, organized, and persuasive legal documents addressing factually, legally or technically complex issues in a timely manner, and in providing effective feedback and instruction to attorneys and support staff to ensure the overall quality and effectiveness of litigation in the PBSD.

Demonstrated/potential ability to supervise, develop, and mentor attorneys and support staff; to lead and manage at every stage of litigation teams comprised of persons with different skill sets; and to work collaboratively and effectively with persons within and outside of PBSD.

Demonstrated/potential ability to contribute to the overall management of the Division, in collaboration with the Associate Solicitor, the Deputy Associate Solicitor, and other Division counsel.

It is the responsibility of the applicant to supply sufficient information to provide a basis for rating each of the evaluation factors listed above.

Individuals who meet eligibility requirements for special priority selection under ICTAP/CTAP must be well-qualified for the position to receive consideration for special priority selection. Be sure to review DOL Account Eligibility/Core Questions #24 and 27 to reflect that you are applying as an ICTAP/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).

To preview questions please click here .

Background checks and security clearance

Security clearance
Not Required

Drug test required
No

Position sensitivity and risk
Non-sensitive (NS)/Low Risk

Trust determination process
Credentialing , Suitability/Fitness

Required Documents

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.

- Resume - 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. IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE WILL NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE. Assumptions will not be made based on job titles alone.

- 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.

- Transcripts: 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.

- Writing samples are not mandatory but may be requested.

- Cover Letters are not mandatory and will not be used to verify experience, but may be submitted.

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.

If you are relying on your education to meet qualification requirements:

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.