Working for 

America’s 

Workforce.
SOL Worked with EBSA to Recover Pension Funds 

for Enron’s Workers

Shortly after revelations about Enron Corporation’s irregular accounting practices started to emerge in 2001, the Department’s 

Employee Benefi ts Security Administration (EBSA) and SOL 

launched an active investigation into the company’s management 

of worker pension funds. As of early 2008, the Department’s 

litigation and related private litigation had recovered in excess of 

$220.8 million for workers’ pension plans. Almost immediately 

after the investigation’s inception, SOL obtained an agreement 

removing the Enron plan fi duciaries and replacing them with 

an independent professional charged with the responsibility to 

zealously protect the workers’ interest in their retirement funds. 

Subsequently, SOL fi led a lawsuit that resulted in substantial 

monetary and injunctive relief against all defendants, including 

plan fi duciaries and members of Enron’s board of directors. In addition, the Department has obtained injunctions limiting or barring 

the defendants from acting as service providers or fi duciaries to 

other Employee Retirement Income Security Act (ERISA)-covered 

plans. Every step of the way, SOL has worked closely with and on 

behalf of the EBSA.

The Legal Team at Labor

For almost a hundred years, the Department of Labor has 

been advancing the Nation’s economic vitality by safeguarding the rights of America’s workforce while recognizing the 

dynamic nature of business and industry. Within the Department, the Offi ce of the Solicitor (SOL) plays a pivotal role in 

supporting this mission by providing a wide range of essential 

legal services to the Secretary of Labor and the Department’s 

many agencies. 

SOL has over 425 attorneys across the 

country who address the many complex 

legal issues that arise in administering and 

enforcing more than 180 Federal labor laws 

and their implementing regulations. Ultimately, SOL serves about 125 million workers engaged in workplace activities covered 

by these laws. 

SOL is unusual among the Federal government’s legal offi ces because it has independent litigating authority under numerous 

Federal statutes. As a result, SOL attorneys 

regularly appear in courts throughout the 

country pursuing enforcement actions 

against employers and others who violate labor laws. Outside 

the courtroom, SOL is regularly called on to provide advice on 

varied and complex legal issues as well as to review and guide 

the development of regulations and interpretative materials.

In providing these legal services, SOL is especially vigilant 

about championing the fair treatment of America’s least fortunate and most vulnerable workers and holding to account the 

most negligent employers. As a result, whether in a friend-ofthe-court brief submitted to the Supreme Court, a civil action 

in the Federal district courts, or proceedings before an administrative tribunal, SOL upholds the ideals of justice and handles 

precedent-setting legal matters on behalf of the Department. 

In pursuing the forceful and fair application of the Nation’s 

labor laws, SOL regularly seeks to ensure equal treatment in 

hiring and employment practices, the payment of wages and 

benefi ts rightfully earned, safe working conditions, standards of 

democracy and fi scal responsibility in labor organizations, and 

safeguards for the income security of retired workers.

Providing a Robust Enforcement 

Capability

Consistent with the breadth of its responsibilities, SOL is one of the most prominent legal 

enforcement agencies in the Federal government. Heading up the operation is the Solicitor of Labor, the Department’s third highest 

ranking offi cial and its chief legal offi cer. All 

SOL attorneys report to the Solicitor, rather 

than to client program agency heads, as is the 

practice in many executive branch departments. This independence gives SOL lawyers 

a uniquely strong voice in the handling of legal 

matters.

The SOL National Offi ce includes eight divisions that provide 

program advice and litigation services to Department agencies. About half of SOL’s attorneys are located in Regional and 

Branch Offi ces across the country and are regularly engaged 

with litigation in Federal district courts and before administrative law judges.

There can be no doubt that the Department would not be 

able to fully carry out its mission without the robust enforcement capability of SOL. 

SOL has over 425 

attorneys across the 

country who address 

the many complex 

legal issues that 

arise in administering and enforcing 

more than 180 

Federal labor laws.

2
Responsive to Department Needs

SOL emphasizes operational fl exibility to ensure that it can 

quickly respond to the varied needs of the Secretary and the agencies of the Department. For 

instance, working in close coordination with 

Department agencies enables SOL to carefully 

target legal support and to anticipate changes in 

program emphases and the emergence of new 

initiatives. As a result, SOL can more effectively shift resources across its divisions as necessary to meet evolving program needs.

These close working relationships enable SOL 

to align its strategic and budget planning priorities with agency and Department goals. 

Focused on Quality and Results

SOL is recognized across the Department for providing highquality and timely legal counsel. This reputation is a testament 

to the expertise and dedication of SOL’s attorneys and support 

staff. SOL’s focus on strategic planning and performance-based 

management ensures that the organization is committed to 

results. Key operational decisions are made in the context of 

SOL’s fi ve year strategic plan, which is reviewed regularly to 

ensure that goals align with Departmental priorities.

SOL’s management practices are exemplary. In 

a review of SOL’s performance-based management, the Offi ce of Management and Budget 

(OMB) found SOL to be a well-managed 

operation that is effectively tracking progress 

on its “ambitious” mix of outcome and effi -

ciency goals—with most of its annual targets 

being met or exceeded. As a result, SOL is 

recognized as contributing to the Department’s 

across-the-board high OMB ratings on supporting government-wide performance-based 

management initiatives. SOL also has effectively aligned its human resource policies with its strategic 

planning and has implemented leadership training and 

succession planning.

Highly Regarded Legal Expertise

Despite facing increasingly complex cases amidst the everchanging characteristics of the Nation’s workplaces and 

SOL Supported DOL Wal-Mart Negotiations: Workers 

Received $41 Million in Back Wages and Interest

SOL assisted the Wage and Hour Division (WHD) of the Department’s 

Employment Standards Administration in securing a consent judgment 

by which Wal-Mart Stores agreed to pay $41 million in overtime back 

wages and interest to 88,194 of its employees across the country. SOL 

actively participated in negotiations with Wal-Mart and provided ongoing legal representation to WHD. In addition, the judgment enjoined 

Wal-Mart from further violations in computing overtime wages. This 

judgment—the largest recovery ever obtained by WHD against a private 

employer—was issued in January 2007 following 15 months of negotiations with the company regarding the fi ndings of a self-audit Wal-Mart 

had conducted of its nationwide pay practices. 

SOL Supported OSHA Investigation of Fatal Explosion at Texas Refi nery; 

BP Agreed to Largest Fine in OSHA History

In March 2005, a major explosion occurred at BP Products’ Texas City refi nery, killing 15 workers and 

seriously injuring over 170 others. In the investigation of the catastrophe, SOL worked in close coordination with the Occupational Safety and Health Administration (OSHA) to secure a settlement that 

included over $21 million in penalties—the largest fi ne in OSHA history. Further, the agreement called 

for comprehensive abatement of numerous egregious and willful violations. For instance, BP was required 

to address all cited hazards and to enlist an expert to conduct a comprehensive, refi nery-wide audit and 

analysis of the company’s process-safety management systems. SOL attorneys were critical members of 

the investigation team, negotiating site agreements and evidence collection protocols, reviewing evidence 

to determine violations, and participating in negotiation of the settlement agreement itself.

SOL is one of 

the most prominent legal 

enforcement 

agencies in 

the Federal 

government.

3
SOL Involved Behind the Scenes in 

Cases Before the Supreme Court

The Solicitor General of the United States (SG) frequently 

requests SOL’s review on important points of labor law raised 

by cases before the Supreme Court. SOL works closely with 

the SG’s Offi ce to draft persuasive briefs that vindicate the 

Department’s legal and policy goals. For example: 

• In IBP v. Alvarez, the SG and SOL argued that workers 

at meat-and-poultry processing plants must be paid for 

time spent donning and doffi ng protective equipment 

as well as for associated walking time. SOL contended 

that the case presented fundamental questions of statutory interpretation concerning the compensability of 

work under the Fair Labor Standards Act (FLSA). The 

Court ruled unanimously in favor of the workers. 

• In Long Island Care at Home v. Coke, the SG and SOL 

defended against a challenge to the Department’s FLSA 

regulations regarding payment for work related to providing “companionship services.” The Court was unanimous 

in fi nding that DOL’s interpretation of its own regulations 

is entitled to the highest level of judicial deference. 

• In LaRue v. DeWolff, the SG and SOL argued that a 

single participant in an Employee Retirement Income 

Security Act (ERISA)-covered 401(k) plan could assert 

a claim for losses to the plan resulting from an alleged 

fi duciary breach where any recovery would be credited to 

the participant’s individual account within the plan. The 

Court ruled unanimously that an individual participant’s 

assertion of such a claim is authorized under the Act, 

reversing the lower court’s opinion. 

workforce, SOL continues to provide high-quality legal 

services across the Department. And in so doing, it continues 

to build on a well-established reputation for top-notch expertise and dedication to working hard for America’s workers.

SOL’s Strategy for Success 

SOL’s well-established strategy for success is guided by the following objectives, which are aligned to support the goals of the 

Department and client agencies:

1. Pursue the forceful and fair application of the 

Nation’s labor laws.

2. Inform and guide the development of regulations that 

will safeguard the rights of America’s workforce.

3. Provide sound legal advice to the Secretary of Labor 

and to agencies across the Department.

SOL Assists in Providing Compensation to 

Department of Energy Employees and 

Contractors

The Department of Labor is the lead agency administering 

a program compensating Department of Energy claimants 

for illnesses caused by exposures to toxic substances dating 

back to the Manhattan Project of the 1940s. Since Congress enacted the Energy Employees’ Occupational Illness 

Compensation Program Act (EEOICPA) in 2000, SOL 

has worked closely with the Offi ce of Workers’ Compensation Programs (OWCP) to provide crucial regulatory 

development support and other legal services necessary 

to create and operate an entirely new benefi t program. 

When the Department’s responsibilities under EEOICPA 

were expanded in 2004, SOL assisted OWCP in creating 

procedures that allowed OWCP to pay over $55 million to 

deserving claimants. Since the inception of the program, 

affected workers and their survivors have been awarded 

approximately $4 billion in total EEOICPA compensation 

and medical benefi ts.

4
Major Areas Addressed by SOL Legal Services 

SOL provides the legal services that are essential to enforcement programs under such important laws as the: 

• Fair Labor Standards Act

• Occupational Safety and Health Act

• Federal Mine Safety and Health Act

• Employee Retirement Income Security Act

• Executive Order 11246 (employment discrimination)

• Labor-Management Reporting and Disclosure Act

SOL also provides legal advice for the administration of 

important programs under many statutes, including the: 

• Uniformed Services Employment and Reemployment 

Rights Act

• Black Lung Benefi ts Act

• Energy Employees Occupational Illness Compensation 

Program Act

U.S. Department of Labor 

Offi ce of the Solicitor

Offi ce of the Solicitor

U.S. Department of Labor

Frances Perkins Building

200 Constitution Avenue, NW

Washington, DC 20210

www.dol.gov/sol

SOL Mission Statement

The Offi ce of the Solicitor (SOL) 

fulfi lls its mission to meet the 

legal service demands of the entire 

Department of Labor by representing the Secretary and the client 

agencies in all necessary litigation, 

including both enforcement actions 

and defensive litigation, and in alternative dispute resolution activities; 

by assisting in the development of 

regulations, standards, and legislative proposals; and by providing legal 

opinions and advice concerning all 

the Department’s activities.

DOL Mission Statement

The Department of Labor (DOL) 

fosters and promotes the welfare 

of job seekers, wage earners, and 

retirees of the United States by 

improving their working conditions, 

advancing their opportunities for 

profi table employment, protecting 

their healthcare and retirement 

benefi ts, helping employers fi nd 

workers, strengthening collective 

bargaining, and tracking changes 

in employment, prices, and other 

national economic measurements.

5