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 Care and Feeding Of Counsel

My Las Vegas partner, Mark Ricciardi, recently posted the Fourth Part of his Blog on “Ten Reasons to Find a New Labor Employment Attorney.” I respect Mark’s opinions because he maintains some of our most enthusiastic clients. Over the next … Continue reading

Posted in acqusition and mergers, combustible dust, concerted protected activity, construction, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, government contracting, government inspections, harassment, hospitality, litigation, managing legal matters, manufacturing, NLRB, OSHA, plant openings and closures, plastics, retail, social media, union organizing, unions, wage hour, workplace violence | Tagged , , , , , , , , , , , , , , | Leave a comment

Employers Should Take the EEOC More Seriously In 2013

Some executives and managers consider EEOC charges to be a cost of doing business.   Based on past experience, they do not treat Discrimination Charges with the same concern as other legal matters.  The EEOC’s current focus on Systemic Discrimination and the … Continue reading

Posted in aging workforce, cultural changes, EEOC, employer policies, food processing, generational differences, government contracting, government inspections, harassment, hospitality, manufacturing, plastics, recruiting, retail | Tagged , , , , , , , , , , , , , , , , , | Leave a comment

OSHA’s Latest Regulatory Agenda Suggests Few New Regulations In 2013

OSHA tardily published its Fall Regulatory Agenda on December 21.  The Administration did not even publish the Spring Agenda, and commentators for management and labor have described the dates as bearing little relationship with temporal reality as we know it. … Continue reading

Posted in combustible dust, construction, food processing, government inspections, manufacturing, OSHA, plastics, retail | Tagged , , , , , , , , , , , | Leave a comment

NLRB Again Shows No Concern For Employee Privacy In New Ruling

Following its recent rejection of 50-year-old precedent, the NLRB today announced that it reversed 34-year old precedent and eliminated the categorical exemption of employee Witness Statements from being provided to a Union in disciplinary cases.  The decision, American Baptist Homes of … Continue reading

Posted in discipline and discharge, NLRB, Uncategorized, union organizing, unions | Tagged , , , , , , , , , , , , , , , | Leave a comment

New Service Contracts With the Federal Government Require Employers to Offer Jobs to Displaced Employees of the Previous Employer.

  It was already difficult to understand and comply with Federal Government Contracting Laws, such as Davis-Bacon, Walsh-Healey and the Service Contract Act (SCA).  As of January 18, 2013, employers obtaining service contracts with the Federal Government will be required … Continue reading

Posted in construction, government contracting, government inspections, hospitality, Uncategorized, unions, wage hour | Tagged , , , , , , , , | Leave a comment

NLRB Continues to Rewrite the Law Through Decisions – Overrules 50-Year Precedent

Most of my readers may manage Non-Union facilities and not have a great deal of interest in the details of today’s NLRB decision allowing “Checkoff” to survive the expiration of a collective bargaining agreement.  Yould should be interested.  Employer should note … Continue reading

Posted in hospitality, manufacturing, NLRB, plastics, union organizing, unions | Tagged , , , , , , , , , , | Leave a comment

The Hidden Safety Hazard – Domestic Violence

  The Hidden Safety Hazard – Domestic Violence Date: November 1, 2012 By Betsy Weintraub (Former Prosecutor)   As the holidays are approaching, you notice that Susan, one of your longtime employees with a near perfect attendance record, has missed several … Continue reading

Posted in cultural changes, discipline and discharge, employer policies, harassment, OSHA, plastics, retail, social media, workplace violence | Tagged , , , , , , | 1 Comment

Top Ten Ways To Hold A Company Party – Without Getting Sued

Top Ten Ways To Hold A Company Party – Without Getting Sued Date: December 3, 2012 By Michael Mitchell (Labor Letter, December 2012) With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties … Continue reading

Posted in construction, discipline and discharge, EEOC, employer policies, food processing, generational differences, government inspections, harassment, hospitality, manufacturing, plastics, recruiting, retail, social media, Uncategorized, workplace violence | Tagged , , , , , , , , | Leave a comment

What Should I Think About TV Coverage This Week and the New Congressional Report On the NLRB

A number of people asked me about Fox News and other discussions this week about an “out of control” NLRB. I have linked to a Fox story yesterday on a new Congressional Report that calls the NLRB a “rogue” agency. … Continue reading

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

Can I Get In Trouble “Rounding” Employee’s Time?

Is It OK To “Round” An Employee’s Worktime? November 30, 2012 01:00 by John E. Thompson For many years, some employers have chosen to “round” non-exempt employees’ time entries in computing their wages. News items in recent days have reported … Continue reading

Posted in employer policies, hospitality, manufacturing, wage hour | Tagged , , , , | Leave a comment