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

Zero Injuries Is Not Proof Of Safety Excellance

I notice that one of the most popular subjects on which I blog is how to “lawfully” incentivize safety.  A number of my Blogs and articles have focused on OSHA’s vigorous attacks on Employer Safety Incentive Programs or on the … Continue reading

Posted in aging workforce, incentive plans, whistleblower/retaliation | Tagged , , , , | Leave a comment

D.C. Court of Appeals Rules NLRB Recess Appointments Were Unconstitutional

Wow. The Administration will appeal this decision to the U.S. Supreme Court, but if the Court upholds the Appeals Court, hundreds of NLRB decisions, some of them quite controversial, will be thrown out. I hope that we do not now hear a … Continue reading

Posted in concerted protected activity, discipline and discharge, employer policies, government inspections, NLRB, social media, union organizing, unions | Tagged , , , , , , | Leave a comment

For My Fellow Attorneys… Do the Cobbler’s Children Have Shoes?

I could not resist linking to a recent Fortune Magazine article criticizing law firm treatment of personnel; especially associates. Because we are a labor firm, we are constantly becoming better at practicing what we preach, but it requires purposeful effort … Continue reading

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

Not Sexy, But It Is Important: Top 10 OSHA Crane Standards Cited

Thanks to Jim Goss, one of the best safety Professionals I know, for the list below of common OSHA Crane Citations.  1. 1926.1428(a) Signal person not qualified 2. 1926.1425(c)(3) Materials not rigged by a qualified rigger 3. 1926.1428(a)(3) No documentation … Continue reading

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

OSHA WILL Go After You If They Don’t Like Your Policies On Discipline For Not reporting Injuries

OSHA Region V recently gave a presentation on their focus on retaliation cases, including an intense scrutiny of rules and discipline related to failure to timely report workplace injuries. These comments reflect the OSHA National emphasis  I keep harping about … Continue reading

Posted in aging workforce, discipline and discharge, employer policies, government inspections, incentive plans, OSHA, whistleblower/retaliation | Tagged , , , , , , , , | Leave a comment

Common ADA Screw-up’s – Not Documenting That Individual Interaction Process

Common ADA Screw-up’s – Not Documenting Individual Interaction With Employees Who May Have Disability Conditions I will start blogging about various common mistakes in several areas, including the ADA, OSHA compliance, and investigation/discipline and discharge. As a starting point, I … Continue reading

Posted in ADA, aging workforce, discipline and discharge, EEOC, hospitality, litigation, workers comp | Tagged , , , , | Leave a comment

Predictions About the NLRB

The Workforce Fairness Institute just published an interesting analysis of likely actions by the NLRB in 2013 – NLRB Targets Secret Ballot and Employee Private Information.  The authors feel pretty strongly about the material and make little pretense of neutrality, … Continue reading

Posted in concerted protected activity, discipline and discharge, employer policies, government inspections, hospitality, NLRB, social media, union organizing, unions | Tagged , , , , | Leave a comment

Part 2 – Care and Feeding of Counsel

Posted below is Part 2 of my ruminations on selecting and managing labor counsel.  I prepared Part 1, the first 10 points,  after sharing my Las Vegas partner, Mark Ricciardi’s multi-part series on selecting employment counsel.  It is our hope that … Continue reading

Posted in cultural changes, discipline and discharge, employer policies, litigation, managing legal matters | Tagged , , , , | Leave a comment

Wash Your $!&# Hands! Employers and the Flu

The CDC reports that the current flu season will be the worst one in recent years. On January 9, news outlets carried stories about the City of Boston declaring a state of public health emergency and of Chicago hospitals having … Continue reading

Posted in aging workforce, concerted protected activity, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, generational differences, government inspections, hospitality, managing legal matters, manufacturing, NLRB, OSHA, retail, social media, union organizing, unions, wellness | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

Confusion About Safety Incentive Plans – Legal or Illegal?

Questions about Safety Incentive Plans have resurfaced in a number of discussions and blogs because of OSHA’s steadily increasing rhetoric against safety incentive programs that rely on injury data and/or whose incentives OSHA deems to be of sufficient magnitude to … Continue reading

Posted in aging workforce, construction, discipline and discharge, employer policies, government contracting, government inspections, incentive plans, manufacturing, OSHA, plastics, workers comp | Tagged , , , , , , , , , , , | Leave a comment