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

Coverage and Comments on John McCain.

All, I have pasted below a variety of articles and comments on John McCain by Republicans and Democrats, and Liberals and Conservatives. Most of McCain’s admirers differed with him on some issues, and the flipside of passion is sometimes being … Continue reading

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Want to See Real World Safety Efforts? Check Out the Willis Towers – AGC Construction Safety Excellence Awards.

There are many worthwhile safety awards such as OSHA’s VPP site, EHS Today “America’s Safest Companies Award,” and numerous trade groups’ awards based heavily on injury date, but none impresses me as much as the Willis Towers – AGC Construction … Continue reading

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The U.S. Supreme Court is Bigger than Any President or Nominee – My Guide to the Nomination Hunger Games. Part I.

No one is truly objective when discussing Supreme Court nominees and their preferred judicial approach. I favor somewhat of a strict constructionist/historical approach and I am obviously generally pro-employer. I’ve tried to select articles which are legally-driven and that were … Continue reading

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Things My Daughter Graciously (and probably inaccurately) Claims that She Learned from Her Badger (me).

My birthday is approaching and my daughter composed these things that she claims to have learned from me. It’s been a rough week and she wanted to encourage me. Needless to say, she succeeded. I pray that I did impart … Continue reading

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Are Michelin Starred and James Beard-quality Restaurants Prone to OSHA Citations?

I’m spoiled. I’ve sought out great restaurants in scores of US cities, great meat-and-threes in rural counties, hole-in-the-wall BBQ joints, and starred restaurants in Europe, Africa and the Middle East. I am also an OSHA-nerd, and I find myself subconsciously … Continue reading

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Wow. Newly Released 2017 Drug Test Results are Scary and Employers Need to Act.

It’s deja vu all over again. Yogi Berra Since 1988, Quest Diagnostics’ Annual Drug Testing Index has provided the nation’s most accurate information on changes in employee drug use. You should use this data to determine if testing is necessary, … Continue reading

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Wine, Women and Song … Well Actually … Wine, Restaurants and Books.

Yep. It’s time for another Post having nothing to do with employment law, President Trump, and dire things. Folks seemed to enjoy my last escapist post … and I received quite a few comments and, even better, suggested other restaurants … Continue reading

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