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

What the New Michigan Right-to-Work Law Does… and Doesn’t Do….

Many people confuse Right-to-Work laws with the Employment at Will concept. Employment at Will is a common law concept standing for some variation of the rule that either the employee or the employer can terminate employment at any time for … Continue reading

Posted in concerted protected activity, construction, NLRB, plant openings and closures, plastics, union organizing, unions | Tagged , , , , , , , , , | Leave a comment

OSHA Can Now Connect the Dots and Track Your Company’s Inspection Trends

OSHA has long been hampered by its difficulty in coordinating between different Federal Area Offices and State Plans. Inspections at companies or construction contractors with many locations tend to be viewed one work site at a time, other than for … Continue reading

Posted in combustible dust, government inspections, manufacturing, OSHA, plastics, Uncategorized | Tagged , , , , , | Leave a comment

Free Webinar Making Predictions About Federal Agencies in 2013

While there remains some lingering uncertainty, the recent elections did lend some clarity to an evolving regulatory landscape. Now that the dust has settled, what can we expect from a second term for the current Administration? And with additional gridlock … Continue reading

Posted in aging workforce, concerted protected activity, construction, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, harassment, hospitality, manufacturing, NLRB, Patient Protection and Affordable Care Act of 2010, plastics, recruiting, retail, social media, Uncategorized, unions | Tagged , , , , , , , , , , | Leave a comment

Biggest 2012 Employment Law Events (set to the theme of post apocalyptic movies)

The End of the World As We Know It? PART 1 My Portland partner, Rich Meneghello, produced the entertaining update below on the biggest employment law events in 2012, gleefully described in the context of disaster/post apocalypse movies… come on, … Continue reading

Posted in concerted protected activity, construction, discipline and discharge, manufacturing, NLRB, Patient Protection and Affordable Care Act of 2010, plastics, recruiting, retail, social media | Tagged , , , , , | Leave a comment

Should An Employer Use Criminal Record Checks? Part 2

The post below is Part 2 of my law partner, Bert Brannen’s tips to safely using criminal record checks in the context of increased regulatory scrutiny. 3. Revise The Inquiries On Your Employment Application. The EEOC Guidance strongly discourages employers … Continue reading

Posted in construction, EEOC, employer policies, food processing, hospitality, manufacturing, recruiting, retail, Uncategorized | Tagged , , , , , | Leave a comment

Why Does OSHA Want a Digital Copy of My Safety Program?

Recently OSHA Compliance Officers in two different Area Offices specifically requested digital copies of employers’ “Safety Program” instead of written copies. The employers understandably wondered why the Compliance Officers expressly wanted digital copies. An obvious concern was that the Compliance … Continue reading

Posted in construction, employer policies, food processing, hospitality, manufacturing, OSHA | Tagged , , | 1 Comment

Should Construction Owners Continue To Use Criminal Background Checks? Part 1

My friend and partner, Bert Brannen is going to provide a three-part discussion on criminal background checks, including practical compliance tips. ( http://www.laborlawyers.com/dbrannen ). PART 1 Earlier this year, the EEOC issued Enforcement Guidance on the “Consideration of Arrest and … Continue reading

Posted in construction, discipline and discharge, EEOC, employer policies, harassment, hospitality, manufacturing | Tagged , , | Leave a comment

Employer Benefit Plan Actions For the End of the Year

ARE YOU READY FOR 2013? 2013 marks not just the start of a new calendar year, but also compliance obligation deadlines for some employee benefit plans. The F and P Benefits Group has outlined a number of key provisions impacting … Continue reading

Posted in aging workforce, employer benefit plans, employer policies, food processing, hospitality, manufacturing, Patient Protection and Affordable Care Act of 2010, wellness | Tagged , , | Leave a comment

Workers’ Christmas wish: Fire the boss!

We know that to manage employees we must understand the demographic and cultural changes occurring, and how employees view the work world. The article linked below found that almost 30% of employees plan to change jobs in the coming year, … Continue reading

Posted in cultural changes, discipline and discharge, employer policies, recruiting | Tagged , , | Leave a comment

Employers Still Misunderstand or Underestimate Their Combustible Dust Risks

Those of you who know me well are aware that I have worked with hundreds of plants in their combustible dust compliance efforts and have been involved with a number of explosion/deflagration fatalities, including the catastrophic explosion at the Imperial … Continue reading

Posted in combustible dust, food processing, manufacturing, OSHA | Tagged , , | 1 Comment