Federal Internet employment application rules

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) back on October 7,2005, issued final regulations defining “Internet applications” and specifying what information employers have to collect & maintain for employment applications received over the Internet for federal contract jobs.

OFCCP regulations require covered federal contractors/subcontractors to collect & maintain information about gender, race & ethnicity of employees and applicants for several purposes relating to contractors’ administration of nondiscrimination & affirmative action requirements, and the OFCCP’s role in monitoring compliance with other regulations. [ 41 CFR 60-1.12 (c),
65 FR 68023, and 65 FR 26091 are cited as explanatory]

· DOL press release
· 41 CFR Part 60-1
· 70 FR 58946 (Oct. 7, 2005)


A Law.com article (registration) earlier this month discusses corporate America’s concerns about the new rules and possible discrimination lawsuits ensuing.

In March 2004, the Equal Employment Opportunity Commission, along with the Department of Labor and Dept. of Justice, issued a “coordinated document clarifying recordkeeping provisions concerning who was an ‘applicant’ in the context of the Internet and related technologies.”

· 29 CFR Part 1607
· 69 FR 10152

Carson Strege-Flora, in the Shidler Journal for Law, Commerce + Technology on Oct. 24th., had an article entitled “Proposed Federal Definition of ‘Internet Job Applicant’ Suggests Need For Revised Human Resource Policies,” in response to the initial set of rules

Hamilton County Public Defender's Office

If Hamilton County commissioners and Lou Strigari, Hamilton County’s Public Defender, get their way, Hamilton County will be getting its own felony representation division for persons unable to afford counsel on their own, which will relieve the overwhelming caseload that strains that Office and those like it, according to an article in Wednesday’s Cincinnati Enquirer.(Article appeared in paper format, but not online).

Cuyahoga County’s public defender’s office, for one, has a special felonies division already.

Right of an accused in criminal proceedings to legal counsel includes that of indigent persons under the Sixth Amendment, but that’s abridged to felonies and offenses where the accused could be sentenced to imprisonment if found guilty.(Am Jur.,Criminal Law §1197)

Each of the states have some sort of public advocacy system, but there are differences in administration, procedure, etc. (Statutory links to Ohio, Indiana & Kentucky).

New Ethics Opinions: Advertising, Client Funds

New advisory opinions on lawyer advertising and preserving client funds were issued on December 2, 2005, by the Board of Commissioners on Grievances and Discipline.

Opinion 2005-09 prohibits lawyers from using discount coupons: "A lawyer may not advertise legal services with coupons for free consultation or dollars off the cost of legal services. Advertising legal services with fee coupons is a characterization of the fees as “discount” or “special” and does not comply with DR 2-101(A)(5)." The opinion does not restrict advertisement of fees and charges that comply with DR 2-101(B).

Opinion 2005-10 discusses whether a lawyer violates DR 9-102(A) and (B) by reporting client funds as "unclaimed" pursuant to Ohio Revised Code Chapter 169: Unclaimed Funds when the client's whereabouts are unknown. The opinion says that "An attorney does not violate the ethical duty to preserve a client’s funds under DR 9-102(A) and the ethical duty to promptly deliver funds to a client under DR 9-102(B)(4) by reporting “unclaimed funds” pursuant to R.C. Chapter 169, so long as the attorney has diligently tried to contact the client at the last known address and the client’s whereabouts are unknown."