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

ADAAA Shifts Focus From “Are They Disabled” To Did You Properly Interact With and Accomodate Them

ADAAA’s Twist On Administration Of Employment Practices Date: August 9, 2012 By Mauro Ramirez and A. Kevin TroutmanMost experienced human resources (HR) professionals know and follow an old adage when applying policies and making employment decisions: Follow established company policies … Continue reading

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OSHA: Don’t Get Caught in the Trap of Rewarding Employees for Reducing Recordables!

OSHA: Don’t Get Caught in the Trap of Rewarding Employees for Reducing Recordables! Date: September 10, 2012 By Howard MavityFor several years, we have encouraged employers to move away from safety management programs that primarily track the program’s effectiveness based … Continue reading

Posted in discipline and discharge, employer policies, food processing, hospitality, manufacturing, OSHA, workers comp | Tagged | Leave a comment

Part 2 – Social Media, the NLRB and Employer Policies

Employment At-Will Policies Officials of the NLRB also declared key phrases in traditional employment-at-will policies to be unlawful in two cases filed in the Phoenix Region of the NLRB earlier this year. In one of those cases, the one that did not … Continue reading

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Part 2 – Social Media, the NLRB and Employer Policies

  Ever since the National Labor Relations Act (“Act”) was passed in 1935, employees have had the right to engage in “protected concerted activity” (“PCA”) for their mutual aid and protection. These rights apply to employees regardless of whether they … Continue reading

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Better Get Serious About Wellness – Obesity Contributes to Workers Comp Claims and Absenteeism

If I figure out effective ways to get tired warehouse and construction craft employees to exercise before or after work, I deserve a Nobel Prize.  It’s tough to focus on good eating and diet when you work 8 or 10 … Continue reading

Posted in aging workforce, OSHA, wellness, workers comp | Tagged , | 1 Comment

Changing Demographics and Personal Philosphy Affect Recruiting and Managing Newer Workers

We talk regularly about Generation Y, X, Z or whatever, and the obvious ethnic changes in the U.S.  However, consider the increase in “individualism” and “me” philosophy these days.  When recruiting for traditionally dirty or demanding or positions requiring long hours, … Continue reading

Posted in discipline and discharge, EEOC, employer policies, food processing, generational differences, hospitality, recruiting | Tagged , , | Leave a comment

Part 1 What Rules Can I Enforce About Social Media

It’s bad enough dealing with teaching one’s children to use social media responsibly, but we also have to deal with an NLRB who seems committed to prohibiting most rules governing employee social media use.  What’s an employer to do?  Part 1 … Continue reading

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In Drive to Unionize, Fast-Food Workers Walk Off the Job

In Drive to Unionize, Fast-Food Workers Walk Off the Job By STEVEN GREENHOUSE Check the article in today’s NYT about the SEIU’s efforts to unionize fast food workers.  http://www.nytimes.com/2012/11/29/nyregion/drive-to-unionize-fast-food-workers-opens-in-ny.html  A few excerpts are pasted below.  Check the NYT for the … Continue reading

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Threats of Retail Employee Strikes Illustrate Need for Preperation

As the linked articles below explain, the UFCW, Moveon.org and various other groups planned to interfere with the Thanksgiving shopping activities through “strikes” and other actions designed to disrupt or embarrass retailers during their most crucial sales period. Happily, based on reports, shopping … Continue reading

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