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

The Next Big HR Trend? Maybe It Should Be More Employee Recognition….

I apologize for having been missing in action for the last few weeks, but I received the opportunity to take my family to a 400 year old house in Provence; followed by immediate trips to somewhat less glamorous places such … Continue reading

Posted in cultural changes, employer policies, hospitality, recruiting, wellness | Tagged , , , , , | Leave a comment

It’s Wise to Be Cautious: Risks of Unpaid Internships Are Still Increasing

I saw this post, It’s Wise to Be Cautious: Risks of Unpaid Internships Are Still Increasing,  by one of our wonderful wage-hour guys this morning on the always interesting TLNT site.  As Summer and the  “intern season” approaches, one would be well … Continue reading

Posted in cultural changes, hospitality, workers comp | Tagged , , | Leave a comment

How to Weigh Obesity In Employment Decisions

In September, one of my Memphis partners, Jeff Wientraub, wrote a good analysis of legal issues posed by obese workers in HR Professionals Magazine.  While most employers state that an employees weight does not influence their employment decisions, I am … Continue reading

Posted in ADA, aging workforce, cultural changes, generational differences, wellness, whistleblower/retaliation, workers comp | Tagged , , , , , , , , , | Leave a comment

You Can Win ADA Claims- Show Individualized Analysis and No Knee-Jerk Decisions

Today, the Eight Circuit handed down a well-reasoned decision in plaintiff’s appeal of its loss in an ADA and State Whistleblower claim.  A locomotive machinist  was sent for examination and not allowed to return to work after being diagnosed with … Continue reading

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Focus on Wellness: For Our Workers, It’s a Critical Life or Death Issue

When I started this Blog, I wanted to post analysis and suggestions which were different or more practical than some of the Employment Law, Safety and Labor Articles out there.  I did not want to simply repeat what others were already effectively … Continue reading

Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, Patient Protection and Affordable Care Act of 2010, wellness, workers comp | Tagged , , , , , , , , , , , | Leave a comment

OSHA Is Only the Appetizer

 An OSHA Inspection and citations often create the smallest liability associated with a workplace death, serious injury or major accident, but the facts and citations arising from that process will influence subsequent civil and criminal actions. I spoke a number of … Continue reading

Posted in civil and criminal exposure, combustible dust, construction, government inspections, litigation, OSHA | Tagged , , , , , , , | Leave a comment

Response to Another NLRB Social Media Question.

As is often the case, we received hordes of fact-specific questions about what policies are being challenged by the NLRB, and what language has been approved regarding professional behavior, use of social media, courtesy and privacy.  I am tempted to … Continue reading

Posted in employer policies, harassment, NLRB, union organizing, unions, whistleblower/retaliation | Tagged , , , , | Leave a comment

Fed-OSHA . . . Coming To A State Near You?

The OSHAct provides that a State may operate its own OSHA program so long as the program is “at least as effective as Fed-OSHA’s program.” As a result, there are 27 State-OSHA Plans. Some of the Plans are quite good. … Continue reading

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Attractive Women! Retaliation Claims! Social Media! Mixed Drinks! In a Wage-Hour Case?

Ok… I admit to sounding like a British tabloid writer.  However, how often can one discuss a Fair Labor Standards Act (FLSA) case set in an upscale bar,  involving allegations of retaliation and threatening social media posts?  I suspect that wage-hour … Continue reading

Posted in discipline and discharge, EEOC, employer policies, government inspections, hospitality, social media, wage hour, whistleblower/retaliation, workplace violence | Tagged , , , , , | Leave a comment

Workplace Violence Complaints Against a Nevada Assembly Member Illustrates Trends

I suspect that Nevada residents wish that the saying “What happens In Vegas stays in Vegas” applied to the embarrassing saga occurring in their State Assembly. My reason for starting this Blog was to have a way to alert clients about trends … Continue reading

Posted in cultural changes, discipline and discharge, emergency response, generational differences, government inspections, harassment, hospitality, workplace violence | Tagged , , , , | 1 Comment