Author Archives: mavity2012

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About mavity2012

I am a 42-year 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 numerous offices in four countries' offices about 50 percent of the time. I created and co-chaired the Firm's Workplace Safety and Catastrophe Management Practice Group. I rely 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

What Can the Encyclopedia Teach us About safety and HR?

 The New York Times and other publications are running articles pondering the end of the written version of the Encyclopedia Britannica and what that says about society.  We were a “World Book” family, but I have waxed nostalgic about growing … Continue reading

Posted in books and articles, employer policies, generational differences, safety programs, safety technology and apps, social media, Uncategorized | Tagged , , | Leave a comment

Feds Let Hawaii OSH Resume Regulating Manufacturing

(from Honolulu Civil Beat) Hawaii is starting to get its act together when it comes to workplace safety and the feds are taking notice. The Obama administration is letting the state reassume responsibility for regulating manufacturing industries, according to an … Continue reading

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

Do You Really Know How To Manage an OSHA Inspection?

From my friends at SafetyBLR.com: August 30, 2013 By Howard Mavity, partner, Fisher & Phillips, LLP Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why an employer should take certain steps. Readers already … Continue reading

Posted in government inspections, OSHA | Tagged , , | Leave a comment

The Accidental Supervisor

My longtime friend, Linwood Smith, V.P. Risk Management of T.A. Loving Company selected this title for a presentation he asked me to make at this week’s Carolinas AGC combined Annual Safety and Human Resources Conference.  Linwood and I share several … Continue reading

Posted in cultural changes, discipline and discharge, employer benefit plans, management and leadership, performance management, supervisor development | Tagged , , | Leave a comment

All Employers Face October 1st Health Reform Deadline

  With the Health Insurance Marketplace created by the Patient Protection and Affordable Care Act (PPACA) set to open its figurative doors for enrollment on October 1, 2013, employers face a new obligation.  Nearly all employers must distribute a notice … Continue reading

Posted in Patient Protection and Affordable Care Act of 2010, Washington | Tagged | Leave a comment

More On Ellen Widess’ Resignation as Cal-OSHA Head

Yesterday, we broke the news on our Fisher & Phillips LLP Workplace Safety Blog that  Ellen Widess had abruptly resigned as head of Cal-OSHA.  We reported: September 4, 2013 08:57 by Howard Mavity I just learned from Fred Walter at … Continue reading

Posted in Cal-OSHA, OSHA, Washington | Tagged , , | Leave a comment

EEOC Loses (Again) On Criminal-Background Checks

  EEOC Loses (Again) On Criminal-Background Checks Date: September 1, 2013 By Edward Harold (Retail Industry Update, No. 3, September 2013) Last year, we wrote about the EEOC’s then-new guidance on the use of criminal-background checks in hiring decisions. [“Using … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, EEOC, employer policies, hospitality, retail | Tagged | Leave a comment

The One OSHA Post Retailers Must Read.

If you are in any aspect of retail and a member of LinkedIn, you really need to read the comments on this post on one of the OSHA and Safety sites, “Have You Checked Your Means of Egress lately? Dollar … Continue reading

Posted in boycotts, hospitality, retail, safety programs, unions | Tagged , , | Leave a comment

Disturbing Poll On Sex Harrassment

The vast majority of sex harassment cases we see litigated do not have legal merit and that tends to make management labor attorneys wary of harassment claims … at least those that are litigated.  It almost seems as if the individuals … Continue reading

Posted in attitude/culture, discrimination, EEOC, harassment, Uncategorized, whistleblower/retaliation | Tagged | Leave a comment

“SINGLE SERVING HR”

While reading Howard Risher’s insightful article, Why We Need To Hold Managers Responsible For Employee Performance, I realized that many of us treat HR like the “single serving friends,” Tyler Durden calls people he meets on planes and uses only one … Continue reading

Posted in cultural changes, discipline and discharge, employer policies, management and leadership, performance management | Tagged , , , | Leave a comment