Some Thoughts on the ADA

Frank Kollman
01/10/2014
There was a thoughtful piece in the Wall Street Journal today written by Joni Eareckson Tada, who happens to be quadriplegic.  She was commenting on a recent "wrongful birth" case and efforts by some legislatures to legalize euthanasia of people with disabilities.  I think the following paragraph summarizes her thoughts: This winter, the American Medical Association classified obesity as a disability. We need to make up our minds. We cannot...
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Extremism and Moderation: Happy Management Day

Frank Kollman
09/02/2013
I like to think of myself as a moderate.  On the other hand, I have strong opinions on many things.  I try to keep an open mind with people with whom I disagree, but like Mark Crislip on Quackcast, I do have standards.  Lately, I have tried to be fair and keep an open mind, but extremists have certainly made it difficult. I’m reminded of Barry Goldwater, who said:  “Extremism in the defense of liberty is no vice.  And moderation in the...
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No Wonder Bipartisanship is So Difficult to Achieve

Frank Kollman
08/08/2013
For the first time in many years, the NLRB will have a full five-member complement.  In order to achieve this, President Obama withdrew the nomination of two controversial, anti-employer recess-appointed members, Robert F. Griffin and Sharon Block.  In their place, he nominated two replacements with similar philosophies, who will be confirmed by the Senate if they haven’t been already. Robert Griffin has now been nominated by the president to be...
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I Would Like Time Off to Sacrifice a Goat and Cut My Mother’s Hair

Frank Kollman
08/02/2013
I now have a new favorite religious discrimination case.  It was just reported that a federal appeals court has ruled that an employee who took several weeks of unauthorized leave to bury his father in Nigeria is entitled to a trial on his religious discrimination claim.  He had made two requests for 4 to 5 weeks of unpaid leave because the funeral ceremony involved sacrificing goats in the third week, giving his mother a haircut and anointing her...
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Why More Government is Not the Answer: Chill the Champagne

Frank Kollman
07/30/2013
Today’s Wall Street Journal has an opinion piece by Bill Nojay, a New York Assemblyman who last year was the chief operating officer of the Detroit Department of Transportation.  As a labor and employment lawyer who “dabbles” in OSHA, I found the piece depressingly familiar.  Nojay, who stated that he was “a manager with virtually no authority over personnel,” talked about how union and civil service rules made it impossible to discipline...
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The NLRB Could Learn From the Seventh Circuit

Frank Kollman
07/29/2013
When my son was in high school, he was a star baseball player.  His senior year, one game away from the state championship, his team was disqualified over a technical rule violation that rational school officials would’ve overlooked.  When the disqualification was reported to the team by the principal, one of the students used a word that rhymes with duck.  No disciplinary action was taken. The National Labor Relations Board, whose goal seems...
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A Fresh Blog

Frank Kollman
05/17/2013
Yesterday, our new website went “live.”  I want to thank John Armistead of Armistead Technologies for his many years as our webmaster (and designer of our prior website).  Armistead Technologies specializes in reverse engineering (you can look it up), and John had reduced the number of websites he managed over the past few years to devote more time to his core business.  Our new webmaster will continue the high quality website that John...
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Employee Criticized for “Excessive Absences” May Have An FMLA Retaliation Claim

Frank Kollman
08/30/2012
A federal appeals court in Donnelly v. Greenburgh Central School District No. 7, No. 11-2448 (2d Cir., August 10, 2012), is permitting a teacher to proceed with his FMLA retaliation claim because the school district referred, in part, to his FMLA absences to lower his overall evaluation.  The lower evaluation was then used to deny the teacher tenure. It is important to remember that courts treat FMLA absences as “off-base” for any adverse...
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Federal Court Finds that Parties Cannot Agree to Choose Georgia Law in California

Frank Kollman
02/10/2012
How many times have you signed a contract that says the law of another state controls the agreement?  The idea is to apply the law of a state more favorable to the person drafting the contract.  It’s a lawyer’s trick that sometimes works. It did not work in the case of Ruiz v. Affinity Logistics Corp., No. 10-55581 (9th Cir., February 8, 2012).  The company in this case tried to get around California labor and employment law with its drivers...
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Oops – Teamster Found Liable to Members for Lost Wage Increases

Frank Kollman
02/07/2012
A federal court in Chicago has found a Teamsters Union local liable for wage increases its members “would have received” had the local requested bargaining.  Under the collective bargaining agreement, either the union or the employer could have requested a wage reopener by giving written notice to the other.  The union, who did not track the date for doing so, gave late notice.  The employer, within its right, said “no.”  Members sued the...
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