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

Unions and Third Party Groups Use Safety to Attack Fast Food Restaurants

  Yesterday was one of those occasions when I wish that my predictions had been inaccurate. I have speculated that the SEIU and other unions harassing fast food restaurants would eventually add mass OSHA complaints to their joint employer, discrimination, … Continue reading

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The Pragmatic Lawyer’s View of Building a Safety Culture

From SAFETY OUTLOOK August 5, 2014 Howard Mavity | Fisher & Phillips LLP After 30 years of practicing labor law and managing more than 500 fatality cases, I am a pragmatic guy and I don’t like jargon. I look for … Continue reading

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Talk versus Email: When Electronic Communications Gets You Sued

  Electronic communications are a mixed blessing. Business is more efficient and new ways of commerce continue to open. However, ubiquitous electronic communications have eroded our personal time and presented near-addicting distractions. From a legal standpoint, electronic communications, and especially … Continue reading

Posted in ADA, attitude/culture, discipline and discharge, discrimination, employer policies, generational differences, internal investigations, performance improvement, social media, training, whistleblower/retaliation | Leave a comment

Why Am I Still Getting Sued By Employees?

(From Industrial Distribution Magazine). After covering union challenges and safety compliance concerns in previous articles, we’ll conclude the series by discussing those common employment law claims that continue to vex distribution employers. I will deviate from the usual format and … Continue reading

Posted in ADA, aging workforce, attitude/culture, discipline and discharge, discrimination, EEOC, employer policies, generational differences, harassment, managing legal matters, supervisor development, whistleblower/retaliation | Leave a comment

Warren Bennis, Safety, Labor Relations and Leadership

  I love reading the Economist and they justified my appreciation with an August 9 Obituary on Warren Bennis, who they rightly described as “the world’s most important thinker on the subject that business leaders care about more than any … Continue reading

Posted in attitude/culture, management and leadership, supervisor development | 1 Comment

Safety Concerns When Buying or Leasing Office Space

What Should Be Your Safety Concerns When Buying or Leasing Office Space? Jul 3, 2014 by Howard Mavity Partner, Fisher & Phillips LLP   What is in this article?: What Should Be Your Safety Concerns When Buying or Leasing Office … Continue reading

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If Employees Are Unhappy With Politicians, Does That Make Them Mad At the Company?

One of my partners and I discussed what the results of yesterday’s NBC/Wall Street Journal poll might tell us about worker attitudes. NBC News pointed out that President Obama’s approval rating was at its lowest point. The more troubling results … Continue reading

Posted in cultural changes, management and leadership, managing legal matters, Uncategorized, whistleblower/retaliation | Leave a comment

Four Steps for Managing Employees from Afar (from Construction Business Owner)

Follow these steps to avoid OSHA violations and ensure your workforce values safety and professionalism regardless of who is watching. Written by: Howard Mavity Published: June 1, 2014      A CEO friend of mine was trying to exit a … Continue reading

Posted in construction, employee engagement, hazard assessment, OSHA, reducing injuries, safety programs | Tagged , , , | Leave a comment

Two New Webinars: Bullying, the NLRB and Its War On Employer Rules and “Live From the AGC National Safety Committee Meeting.”

Dealing With Workplace Bullying And Misconduct While The NLRB Challenges Your Rules Join us for a Webinar on July 24 Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/137864872 A quarter of American Workers claim to have been seriously … Continue reading

Posted in attitude/culture, construction, discipline and discharge, discrimination, employer policies, harassment, internal investigations, management and leadership, NLRB, OSHA, safety programs, workplace violence | Tagged , , , , | Leave a comment

Workplace Bullying and the NLRB

Workplace and school violence events have contributed to our increasing national conversation about “bullying.” Recently, NPR quoted a Zogby poll in which more than a quarter of American workers reported that they have experienced abusive conduct at work. 64% of … Continue reading

Posted in attitude/culture, cultural changes, hospitality, public attacks, restaurants, retail, social media, union organizing, unions, Washington, workplace violence | Tagged , | Leave a comment