Author Archives: mavity2012

About mavity2012

I am a Senior Partner operating out of the Atlanta office of Fisher & Phillips LLP, one of the Nation’s oldest and largest management employment and labor firms. My practice is national and keeps me on the road or in one of our 28 offices about 50 percent of the time. I created and co-chair the Firm's Workplace Safety and Catastrophe Management Practice Group. I have almost 29 years of experience as a labor lawyer, but rely even more heavily on the experience I gained in working in my family's various businesses, and through dealing with practical client issues. Employers tell me that they seldom meet an attorney who delivers on his promise to provide practical guidance and to be a business partner. As a result, some executives probably use different terms than “practical” to describe my fellow travelers in the profession. I don't enjoy the luxury of being impractical because I spend much of my time on shop floors and construction sites dealing with safety, union and related issues which are driven by real world processes and the need to protect and get the most out of one's most important business assets ... its employees. That's one of the reasons that I view safety compliance as a way to also manage problem employees, reduce litigation and develop the type of work environment that makes unions unnecessary. Starting out dealing with union-management challenges and a stint in the NLRB have better equipped me to see the interrelationship of legal and workplace factors. I am proud also of my experience at Fisher & Phillips, where providing “practical advice” is second only to legal excellence among the Firm’s values. Our website lists me as having provided counsel for over 225 occasions of union activity, guided unionized companies, and as having managed approximately 450 OSHA fatality cases in construction and general industry, ranging from dust explosions to building collapses, in virtually every state. I have coordinated complex inspections involving multi-employer sites, corporate-wide compliance, and issues involving criminal referral. As a full labor lawyer, I oversee audits of corporate labor, HR, and safety compliance. I have responded to virtually every type of day-to-day workplace inquiry, and have handled cases before the EEOC, OFCCP, NLRB, and numerous other state and federal agencies. At F & P, all of us seek to spot issues and then rely upon attorneys in the Firm who concentrate on those areas. No tunnel vision. I teach or speak around 50 times per year to business associations, bar and professional groups, and to individual businesses. I serve on safety committees at three states’ AGC Chapters, teach at the AGC ASMTC

President Trump, Tweeting, Safety, Harassment, Judgement and Will.

Trump, Tweeting, Safety, Harassment, Judgement and Will. The President’s Tweeting dominated our discussions throughout June, with many people asking why does he Tweet? Was it a crafted strategy? A reasonable response to a biased media? A lack of Judgment? Emotional … Continue reading

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Ft. Lauderdale: Are Employers Acting on What They Learn from Mass Shootings?

After every public shooting, we discuss how to prevent and better respond to the next active shooter, but each subsequent shooting event suggests we are not acting upon knowledge gained. Wrestling with Mental Health and Gun Possession On a policy … Continue reading

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A New Series: Practical Advice for 2017: One – Thinking, Listening, Showing Respect and Reading (plus recommended books).

A New Series: Practical Advice for 2017 With the exception of Immigration enforcement, I doubt that we will see as vigorous an increase in new employment law requirements and enforcement under the Trump Administration as under President Obama’s tenure. Therefore, … Continue reading

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Non Union Employers Continue to Get Busted by the NLRB for Seemingly Reasonable Policies

  Thanks to my partner and friend Steve Bernstein for much of the content for this post. The bulk of the NLRB Unfair Labor Practice Charges I’m seeing against Employee Handbooks and employer rules are against non-union employers.  The Board … Continue reading

Posted in concerted protected activity, discipline and discharge, harassment, hospitality, NLRB, social media, union organizing, unions | Tagged , , | Leave a comment

FAST AND FURIOUS SAFETY AND HR UPDATE VOLUME II

  Changes in Federal Enforcement OSHA may apply 82% penalty increases back to inspections begun in February State Laws and Bathroomgate A Major Change in Attitude towards Workplace Violence More and serious EEOC process changes Recent EEO Decisions where Employers … Continue reading

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What Do YOU Think About a $15 Minimum Wage?

At this point everyone is familiar with the union supported “Fight for 15” Campaigns focused principally on fast food restaurants. The related union organizing efforts have shown little fruit, but the related effort to obtain State legislation has been more … Continue reading

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April is Distracted Driving Awareness Month — Nationalsafety’s Weblog

From the National Safety Council website… “Thousands have died in car crashes involving cell phone use. New technology allows us to make phone calls, dictate texts or emails and update social media while driving – all actions that are proven … Continue reading

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