Trial Attorney (Labor)

Job Title

Assist 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
• cases arising under Executive Order 11491 dealing with Federal union-management activities
• 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.