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

Cussing Out Your Employee May Get You Sued By… OSHA??

  Hopefully you are aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 21 Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower group. If not, check out the News Room on OSHA’s … Continue reading

Posted in cultural changes, EEOC, generational differences, government inspections, management and leadership, NLRB, OSHA, whistleblower/retaliation, workplace violence | Tagged , , , , , | Leave a comment

Why Would Employees Tease About Nooses In 2013?

I was surprised and disappointed when I read about a punitive damages award against a north Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s noose. It’s 2013, not 1960. It’s … Continue reading

Posted in cultural changes, discipline and discharge, EEOC, government inspections, harassment, managing legal matters | Tagged , , , , , | 1 Comment

Protecting Employees During AND After Winter Storms

Our Portland, Maine office NEVER closes, so when I saw the internal announcement  that even that stolid crew was fleeing the storm, I knew it was bad. I am traveling on business through Sunday and do not have the opportunity … Continue reading

Posted in emergency response, employer benefit plans, employer policies, OSHA, workers comp | Tagged , , , | Leave a comment

More Safety-Driven Attacks on Retailers

Read the press on allegations that contractors for a major retailer locked employees in during cleaning and committed other safety violations.  I have no idea as to the validity of the claims against the contractors.  I do know that Target is a … Continue reading

Posted in concerted protected activity, employer policies, government inspections, hospitality, OSHA, union organizing, workers comp | Tagged , , , , , , | Leave a comment

Victories Like These Put Employers Out Of Business

Definition of a Pyrrhic Victory: “a victory at such a great cost that another such victory will lead to defeat.” Lawyers are justly proud when they win a difficult discrimination or harassment case. However, after a couple of hundred thousand … Continue reading

Posted in cultural changes, discipline and discharge, EEOC, government inspections, harassment | Tagged , , , , , , , | Leave a comment

Kudos to the Top Workplaces In America Winners!

Check out the Top Workplaces In America List.  There are admittedly numerous national and local lists of “Best Places to Work,” but for various reasons I find the Workforce Dynamics process to produce more accurate results than many other efforts.  … Continue reading

Posted in cultural changes, employer policies, management and leadership, wellness | Tagged , , , , , , , | Leave a comment

Are You Required to record the Flu On OSHA 300 Logs?

Normally,… no. The general rule under 1910.5(b)(2)(viii) is: Not if the  illness is the common cold or flu (Note: contagious diseases such as tuberculosis, brucellosis, hepatitis A, or plague are considered work-related if the employee is infected at work). However,… … Continue reading

Posted in aging workforce, employer policies, government inspections, OSHA, workers comp | Tagged | Leave a comment

Worst Case Scenario – National Claims and a Painful Ergonomic Settlement

This is a sobering Blog.  There are legitimate workplace safety concerns involving ergonomic issues in many industries, but how would you like to be on the receiving end of the attacks described below?  Let’ discuss the most recent development in … Continue reading

Posted in aging workforce, concerted protected activity, cultural changes, employer policies, government inspections, hospitality, incentive plans, OSHA, retail, social media, union organizing, unions, wellness, workers comp | Tagged , , , , , , , , , , , , , , , | 1 Comment

Don’t Forget to Post That OSHA 300A Summary By This Friday, February 1!

Don’t Forget to Post That OSHA 300A Summary By This Friday, February 1! It always amazes me that such an admittedly dry subject creates so much interest. Today, we held the first of two Firm webinars today on the nuts and bolts … Continue reading

Posted in government inspections, incentive plans, OSHA, whistleblower/retaliation | Tagged , , , , , , , | Leave a comment

Do Real Leaders Pass the Buck?

About 300 comments have been pasted on the Harvard Business Review (HBR) Linked in site response to this recent question. Check them out. While many are repetitive and simply restate what we already know, others offer sharp insight or provide … Continue reading

Posted in aging workforce, cultural changes, generational differences, management and leadership | Tagged , , , , , , | Leave a comment