This position is located in the Region IX, San Francisco, Los Angeles and Seattle Regional Offices. Region IX litigates cases pursuant to the various laws administered by DOL in Alaska, Arizona, California, Hawaii, Idaho, Nevada, Oregon, and Washington, as well the Pacific Island territories of the United States.
Note: Practicing lawyers in California must be licensed by the State Bar. If selected for Los Angeles or San Francisco must be or become member of California Bar.
The San Francisco Regional Office has responsibility for the trial in U.S. District Courts and before administrative law judges of all civil litigation under the Fair Labor Standards Act, Mine Safety and Health Act, Occupational Safety and Health Act, Black Lung Benefits Act, the Employment Retirement Income Security Act, Family and Medical Leave Act, Public Contracts Act, Section 503 of the Rehabilitation Act, and over 180 diverse federal laws enforced by the Department of Labor’s agencies. Legal advisory services are also furnished in connection with many of these Acts and Executive Orders. Legal advice and assistance is also given to the Office of the United States Attorney in regard to the criminal prosecution of cases and defensive actions under such statutes as the Fair Labor Standards Act, Labor-Management Reporting and Disclosure Act, Mine Safety and Health Act, Occupational Safety and Health Act and other federal statutes and Executive Orders. This office is responsible for legal advice and litigation under various whistleblower statutes. This office represents the various agencies in adverse action matters before the Merit Systems Protection Board and the Equal Employment Opportunity Commission.
As a Trial Attorney (Labor), the incumbent is responsible for the analysis, preparation, and litigation of factually, technically and legally complex cases brought in the Region by the Secretary of Labor under statutes and executive orders administered by the Department’s various enforcement agencies. The trial attorney also handles 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. The complexity of the work and the degree of independence expected of a trial attorney increases from the GS-12 to the GS-14 level.
The trial attorney is responsible for cases assigned at all stages of litigation, including writing legal analyses to determine whether an enforcement matter should be pursued. Based on knowledge of all assigned program areas, as well as an understanding of relevant DOL programs, the trial attorney analyzes cases and, with increasing independence, identifies, evaluates and resolves all factual, legal, and policy issues; considers and discusses options; draws sound conclusions; and makes appropriate recommendations to the Regional Solicitor, Associate Regional Solicitor, Deputy Regional Solicitor, or program counsel. The incumbent researches more complex and significant matters, using specialized research tools. The incumbent writes original legal documents, conveying in writing relevant facts, law and policy in complex and significant matters.
The trial attorney reviews assigned cases to determine whether to recommend litigation. The trial attorney prepares legal analyses and litigation recommendations for the Regional Solicitor, Associate Regional Solicitor or other supervising attorneys, 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 trial attorney is expected to handle the case under the guidance, supervision and instruction of the Regional Solicitor, Associate Regional Solicitor, Deputy Regional Solicitor and/or Counsel for the assigned program area, or a trial attorney who is acting as lead counsel in a matter.
The trial attorney plans and handles all phases of trial preparation, including preparing complaints and answers to complaints (in defensive actions); providing pre-litigation advice and assistance to client agencies in their investigations; propounding and responding to written discovery; taking or defending depositions; drafting various pleadings, including motions, legal memoranda, and briefs; and representing the Department at pre-trial hearings and trials.
The trial attorney may direct all phases of the Department’s case during the trial, developing a pre-trial plan; entering into appropriate stipulations; examining and cross-examining fact and expert witnesses; using evidentiary and procedural rules at trial; and responding to judicial concerns.
For more information please visit: https://www.usajobs.gov/GetJob/ViewDetails/595514100
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