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

EHS Magazine Discussions of Leading and Lagging Indicators and OSHA

Last Week, Sandy Smith, Editor in Chief of EHS Magazine, interviewed me for two articles she prepared today on the continued difficulties presented as employers struggle to rely on leading indicators to manage safety rather than relying on workplace injury data – “lagging … Continue reading

Posted in construction, employer policies, incentive plans, OSHA, wellness, whistleblower/retaliation | Tagged , , , , | Leave a comment

Will OSHA’s New Interpretation Improve Safety?

Non-employees accompanying OSHA on an inspection of a non-union work site? This Post is going to stir up some discussion. Many employers have learned that third parties can use safety issues to bring pressure on employers by harming the company’s … Continue reading

Posted in concerted protected activity, government inspections, OSHA, union organizing, unions | Tagged , , , | 1 Comment

Heed Those Warnings About EEOC Systemic Investigations!

The EEOC Is Serious About Systemic Enforcement, and These Cases Are A Pain!  We have increasingly warned employers about the EEOC’s increased focus on “systemic litigation.”  While the systemic program started in 2006 under the Bush Administration, the Obama Administration … Continue reading

Posted in background checks/examinations, class actions/systemic investigation, discipline and discharge, EEOC, employer policies, government inspections, litigation | Tagged , , , , , , , , | Leave a comment

Everybody Agrees That We Need Better Wellness Programs? Correct?

My answer would be that “I’m not sure.”  An amazing number of employers agree that absent improved wellness initiatives, a graying less healthy workforce will break the corporate bank, so to speak.  Likewise, seemingly, we should all be able to … Continue reading

Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, wellness, workers comp | Tagged , , , , , , , , , | Leave a comment

Do I Have To Treat Employees Like Kids? Uhh… Sometimes.

   I hope that this Post is of no surprise to anyone, but in my recent quest to review basic aspects of the wonderful world of OSHA, I realized that the question of “do I have to make employees wear … Continue reading

Posted in construction, discipline and discharge, employer policies, government inspections, OSHA | Tagged , , , , , , | Leave a comment

Why Isn’t The FLSA Minimum Wage $33 An Hour?

From one of our Fisher & Phillips wage-hour impresarios, John Thompson. Why Isn’t The FLSA Minimum Wage $33 An Hour? U.S. Senator Elizabeth Warren (D-MA) recently asked during a Senate committee hearing why the federal Fair Labor Standards Act’s $7.25-per-hour … Continue reading

Posted in wage hour, Washington | Tagged , , , , , | Leave a comment

More Negative Developments in State OSHA Plans.

While non-Californians understandably view the California legal system as more complicated and punitive, until recently, upper leadership and a lack of money made Cal-OSHA more reasonable than its written rules suggested.  However, Fed-OSHA has continued to push State OSHA Plans … Continue reading

Posted in Cal-OSHA, government inspections, OSHA, settlement strategies, state osha plans | Tagged , , , , | Leave a comment

OSHA Warning: Don’t Get Caught In a Trap!

It’s nice to see that more and more employers and their publications are raising the legal and practical concerns associated with reliance on “lagging indicators,” such as recordable injuries to manage and evaluate safety programs. Go to the Blog  of … Continue reading

Posted in discipline and discharge, employer benefit plans, employer policies, harassment, incentive plans, OSHA, whistleblower/retaliation | Tagged , , , , | Leave a comment

It Took 12 Years To Decide That’s Not Willful?!

  Let’s continue our discussion of employer “Willful” behavior.  OSHA can be inconsistent in its application of the classification, and it is often up to the employer to establish the distinction between “serious” and “willful” behavior during and after an OSHA … Continue reading

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

Is that a Willful Violation?

  Employers are uncertain about the difference between a “Willful” classification and a “serious” classification of an OSHA citation.  I confess that I sometimes struggle to understand the basis for a particular Area Office or Judge’s decision.  First, a basic definition … Continue reading

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