Monthly Archives: May 2013

Will the EEOC Treat You Like A Criminal For Asking About Criminal Records?

Posted on May 29, 2013 by mavity2012

A few practical ruminations…. Many of us remain a bit surprised that even the EEOC has so many problems with employers refusing to hire applicants with criminal records. certainly there are problems, but do the inquiries really warrant class action-type … Continue reading →

Posted in class actions/systemic investigation, EEOC, employer policies, litigation, recruiting | Tagged , , | Leave a comment

FORGET THAT NEW NOVEL! NEW EEOC PUBLICATIONS ARE HERE!!

Posted on May 23, 2013 by mavity2012

I  found this post and links by fellow attorney-blogger, Philip K. Miles III of “Lawfice,” to be quite useful.  I agree with his instruction … for your “Memorial Day reading.”  Actually, while I love to read stuff like this in my off time, … Continue reading →

Posted in ADA, aging workforce, discipline and discharge, EEOC, employer policies, wellness | Tagged , , , , , , , | Leave a comment

IT’S NOT OUR FAULT – IT’S THEIR FAULT!!

Posted on May 20, 2013 by mavity2012

  I’m not talking about kindergarten playtime or its “adult” equivalent … politics. Any time multiple employers are involved, labor and employment matters becomes much more complicated. The classic example is a construction site.  OSHA refers to such settings as … Continue reading →

Posted in civil and criminal exposure, construction, government inspections, MSHA, NLRB, OSHA | Tagged , , , | 1 Comment

WATCH OUT FOR “REGULATION BY SHAME”

Posted on May 16, 2013 by mavity2012

When OSHA Assistant Secretary Michaels and Jordan Barab famously admitted that OSHA was utilizing large penalties accompanied by harsh press releases to “motivate” employers to comply, I had mixed feelings.  Fear is a great motivator.  Aggressive publication of legitimate noteworthy OSHA citations … Continue reading →

Posted in managing legal matters, MSHA, NLRB, OSHA, settlement strategies, union organizing, willful | Tagged , , , | Leave a comment

Combustible Dust Explosions and Compliance – Especially For Food Processors

Posted on May 13, 2013 by mavity2012

  I have linked to an Interview by the good folks at Chem.Info.com, an excellent publication and provider, especially for food processors and related businesses.  We represented construction employers at the 2008 Port Wentworth Sugar Plant (Imperial Sugar) explosion and … Continue reading →

Posted in civil and criminal exposure, combustible dust, consensus standards, emergency response, food processing, general duty 5(a) citations, manufacturing, OSHA, willful | Tagged , , , | Leave a comment

I Won My Case, But I Can’t Recover Those Costs?!

Posted on May 5, 2013 by mavity2012

This post is mainly for lawyers, but non lawyers (i.e, “clients”) should also read it because almost every client I know has wanted to get every possible fee or cost back from unsuccessful plaintiffs from what they viewed as frivolous law suits.  Increasingly … Continue reading →

Posted in litigation, managing legal matters, settlement strategies | Tagged , , | Leave a comment

Part 2: Now Let’s Find Out Why Employees Make Those Bad Choices

Posted on May 2, 2013 by mavity2012

A few days ago, I ended my analysis of “why workers choose to get injured or killed,” by proposing that as a possible first step to learn the answer, employers should determine their unique safety “culture.”  Attorneys like us can … Continue reading →

Posted in construction, cultural changes, employee engagement, generational differences, management and leadership, reducing injuries, safety programs | Tagged , , | Leave a comment

Bad Facts Make Bad Laws . . . .

Posted on May 1, 2013 by mavity2012

Former Clinton official Webb Hubbell summed it up well… There is an old adage in politics and the law that “Bad Facts, Lead to Bad Law.” In law, a horrible fact situation full of sympathy for one side can lead … Continue reading →

Posted in OSHA, state osha plans, Washington | Tagged , | Leave a comment