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

Is Employee Engagement A Fairy Tale?

My answer is “no,” but the article below reminds us that we must develop “engagement” strategies that recognize the highly imperfect nature of the work world and the effects of the loss of the old “social contract theory of employment.” To … Continue reading

Posted in attitude/culture, cultural changes, employee engagement, employer policies, hospitality, management and leadership, safety programs | Tagged , , , , | Leave a comment

Icons and Idiots

I’d love to hear some comments about Bob Lutz book, Icons and Idiots: Straight Talk On Leadership.  Those in the auto industry must have especially interesting observations.   Read from the Economist review below: Icons and Idiots: Straight Talk on Leadership. By … Continue reading

Posted in auto industry, books and articles, cultural changes, management and leadership | Tagged , , | Leave a comment

Compactors In Retail Settings Can Be Deadly.

OSHA regularly cites retail employers for violations relating to their compactors and balers, many of which are old and ill-maintained.  I wish that we could say that deaths involving store contractors are rare, but that would not be true.  Please … Continue reading

Posted in Cal-OSHA, repeat items, retail | Tagged , , , | Leave a comment

Distracted Working

I recently wrote an expanded article on “Why Employees Choose To Get Hurt” for Occupational Health and Safety Magazine, and while reviewing materials, came across a fascinating little gem in the The Auto Club Group’s “Going PLaces” Magazine.  In addition … Continue reading

Posted in attitude/culture, employer policies, generational differences, reducing injuries, safety programs, vehicles/dot | Leave a comment

Hot Off the Presses! Health Law Penalties delayed For Big Employers

  In case you saw headlines today, such as the one in the Wall Street Journal pasted below, we have attached the Treasury statement following the WSJ blurb.  The Obama administration said it is delaying penalties for large employers who … Continue reading

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

Want Another Reason to Focus On Your Employees?

Many of you know, I grew up in the hills of Northwest Georgia where about 85% of the nation’s carpet is manufactured. To put it mildly, it is a non-union area. Thirty miles North lies Chattanooga, which was once a highly … Continue reading

Posted in attitude/culture, employee engagement, manufacturing, safety programs, union organizing, unions | Tagged , , , | Leave a comment

Employee Engagement or Involvement?

At some point we shifted the discussion from employee “involvement” to employee “engagement.”  One dictionary defines “involvement” as:  the act of taking part in an activity, event, or situation The same dictionary defines “engagement” as: the feeling of being involved … Continue reading

Posted in attitude/culture, cultural changes, employee engagement, management and leadership, reducing injuries, safety programs, union organizing, wellness | Tagged , , , | Leave a comment

Can You “App” Yourself To Safety Success?

Safety “apps” are a hot topic.  Even techno-challenged souls use apps to spot check noise, avoid heat stress, or conduct basic safety inspections.  Even OSHA announced in January, “Winners of an OSHA App Challenge.”  While recently teaching in the AGC’s … Continue reading

Posted in cultural changes, employer policies, MSHA, OSHA, reducing injuries, safety programs, safety technology and apps | Tagged , , , , , , | Leave a comment

Man Bites Dog – OSHA Style

OSHA enforces more whistleblower laws than any other agency and has made whistleblower protection one of its principal goals. So it grabs your attention when you read “Whistleblower Wins $820,000 Settlement Against OSHA.” OSHA’s foremost official overseeing injury record keeping … Continue reading

Posted in discipline and discharge, OSHA, whistleblower/retaliation | Tagged , , | Leave a comment