The United States solicitor of labor is the chief legal officer of the United States Department of Labor and the third-ranking officer of the department, behind the secretary of labor and deputy secretary of labor.[1][2] The Office of the Solicitor has the second largest litigation department in the U.S. federal government, with about 500 lawyers in both national and regional offices.[1][3] The Solicitor of Labor has independent authority to initiate lawsuits to enforce 180 federal workplace statutes.[1][4] The position is a Presidential appointee requiring Senate confirmation, and is paid at Level IV of the Executive Schedule.[5]
| United States Solicitor of Labor | |
|---|---|
 Seal of the Department of Labor | |
 | |
| United States Department of Labor | |
| Seat | Frances Perkins Building, Washington, D.C. |
| Appointer | The President with Senate advice and consent |
| Formation | 1913 |
| Deputy | Elena S. Goldstein, Deputy Solicitor of Labor |
| Salary | Executive Schedule, level IV |
| Website | www |
The Office of the Solicitor was established by the Organic Act of 1913, which separated the Department of Labor from the Department of Commerce and Labor, although a solicitor position for the combined department had existed since 1903. The solicitor of labor was originally located in the Department of Justice until it was transferred to the Department of Labor in 1933. In 1940, all Department attorneys and legal personnel were transferred to the supervision of the solicitor of labor.[1][6] In the 1980s, the office attracted attention for delays in cases enforcing the Employee Retirement Income Security Act of 1974,[7] and for not seeking the maximum compensation for back wages due under the Fair Labor Standards Act of 1938.[8] In 2019, a memo directing lawyers to consult with agency heads before filing lawsuits against employers was criticized as ceding some of its authority to political appointees.[3]
List
editThe following people have held the office of Solicitor of Labor:[9]
| Portrait | Solicitors | Took office | Left office |
|---|---|---|---|
| John B. Bensmore | 1913 | 1918 | |
|
John W. Abercrombie | 1918 | 1921 |
| Theodore G. Risly | 1921 | 1932 | |
|
Charles E. Wyzanski | 1933 | 1935 |
| Charles O. Gregory | 1936 | 1937 | |
|
Gerard D. Reilly | 1937 | 1941 |
| Warner D. Gardner | 1941 | 1942 | |
| Irving J. Levy (Acting) | 1942 | 1943 | |
| Douglas B. Maggs | 1943 | 1945 | |
| William S. Tyson | 1945 | 1953 | |
|
Harry N. Routzohn | 1953 | 1953 |
| Stuart Rothman | 1953 | 1959 | |
| Irving Nystrom (Acting) | 1959 | 1961 | |
| Charles Donahue | 1961 | 1969 | |
|
Laurence Silberman | 1969 | 1970 |
| Peter Nash | 1970 | 1971 | |
| Richard F. Schubert | 1971 | 1973 | |
| William J. Kilberg | 1973 | 1977 | |
|
Carin Clauss | 1977 | 1981 |
| T. Timothy Ryan, Jr. | 1981 | 1983 | |
| Francis X. Lilly | 1984 | 1985 | |
| George R. Salem | 1986 | 1989 | |
| Robert P. Davis | 1989 | 1991 | |
| David S. Fortney (Acting) | 1991 | 1992 | |
| Marshall Breger | 1992 | 1993 | |
| Thomas S. Williamson, Jr. | 1993 | 1996 | |
| J. Davitt McAteer (Acting) | 1996 | 1997 | |
| Marvin Krislov (Acting) | 1997 | 1998 | |
| Henry L. Solano | 1998 | 2001 | |
| Judith E. Kramer (Acting) | 2001 | 2001 | |
|
Howard M. Radzely (Acting) | 2001 | January 11, 2002 |
|
Eugene Scalia | January 11, 2002 | January 17, 2003 |
|
|
Howard M. Radzely | January 2003 | December 2007 |
| Gregory F. Jacob | December 2007 | January 20, 2009 | |
|
M. Patricia Smith | March 1, 2010 | January 19, 2017 |
| Nicholas C. Geale (Acting) | January 20, 2017 | December 21, 2017 | |
|
Kate S. O'Scannlain | December 21, 2017 | January 20, 2021 |
| Terri Johnson (Acting) | January 20, 2021 | February 1, 2021 | |
| Elena S. Goldstein[10] (Acting) | February 1, 2021 | July 14, 2021 | |
|
|
Seema Nanda[11] | July 14, 2021 | Present |
References
edit- Seema Nanda (Nominee)
- ^ a b c d "Office of the Solicitor (SOL) History". U.S. Department of Labor. Retrieved 2019-08-08.
- ^ Borins, Sandford F. (2009-12-01). Innovations in Government: Research, Recognition, and Replication. Brookings Institution Press. p. 105. ISBN 9780815710301.
- ^ a b Penn, Ben (2019-06-07). "Labor Department's Top Lawyer Wants Political Review of Lawsuits". Bloomberg Law. Retrieved 2019-08-08.
- ^ Penn, Ben (2017-11-08). "Meet the Most Powerful Labor Lawyer You've Never Heard Of". Bloomberg Law. Retrieved 2019-08-08.
- ^ "United States Government Policy and Supporting Positions (Plum Book)". U.S. Senate. 2016-12-01. p. 102. Retrieved 2019-08-08.
- ^ "Key Dates in SOL History". U.S. Department of Labor. Retrieved 2019-08-13.
- ^ "Assessment of How the Department of Labor's Solicitor's Office Handles Pension and Welfare Benefit Cases". U.S. Government Accountability Office. 1984-12-08.
{{cite journal}}: Cite journal requires|journal=(help) - ^ "The Department of Labor's Enforcement of the Fair Labor Standards Act" (HRD-85-77). U.S. Government Accountability Office. 1985-09-30.
{{cite journal}}: Cite journal requires|journal=(help) - ^ "Past Solicitors of Labor". U.S. Department of Labor. Retrieved 2019-08-08.
- ^ "Biden's New DOL Hiring Wave Adds Political Head to Legal Office". news.bloomberglaw.com. Retrieved 1 July 2021.
- ^ "Seema Nanda Confirmed to Labor Department's Top Legal Post". news.bloomberglaw.com. Retrieved 2021-11-01.