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

Have you Prepared For Third Party Embarassment Tactics?

The areas of labor, employment, and safety exposure which present very real threats to the distribution industry. There are several reasons for this increased focus on these types of business: ■Distribution is a huge market for plaintiff lawyers who want … Continue reading

Posted in auto industry, boycotts, class actions/systemic investigation, hospitality, manufacturing, public attacks, restaurants, retail, unions | Leave a comment

The “Root Cause” Of Most Workplace Problems Is A Lack Of “Good Judgment”

I no longer use the term “common sense” other than to criticize the term as having lost its meaning.  The majority of the 500 or so workplace death cases I have investigated have involved poor judgment by an otherwise decent … Continue reading

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Familiar But Great Reminders Of Bad Facebook Judgment

11 Brutal Reminders That You Can and Will Get Fired for What You Post on Facebook// // // <![CDATA[ document.write('.js-display-none { display: none !important; }’); // ]]>// 11 Brutal Reminders That You Can and Will Get Fired for What You … Continue reading

Posted in attitude/culture, cultural changes, generational differences, social media | Tagged , , | Leave a comment

My Mother’s Day Tribute

Mother’s Day Guest Post 11SundayMay 2014 As a compulsive writer and blogger, it was inevitable that I would write a post acknowledging moms today. I am deeply thankful for my mother and for my wife, and for all that they have … Continue reading

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Union Calls For May 15 Fast Food Workers Strike In 26 Countries

Fast food workers are difficult targets for union organizing efforts, but it’s simply too large a market for unions to ignore.  Moreover, the fast food industry is an easy target for demands for a “living wage” and attacks on the use … Continue reading

Posted in concerted protected activity, hospitality, NLRB, OSHA, restaurants, retail, union organizing | Tagged , , , , | Leave a comment

Environmental Leg of Corporate Sustainability

Originally posted on L6S Business Consulting Inc:
After getting an idea about Key Performance Indicators, we can move onto learning more about corporate sustainability. A great place to start is where most people know sustainability, the environment. Environmental sustainability…

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Warehouse Safety – “The Dangers of Modern Warehouses & How to Prevent Them”

Originally posted on EHS Safety News America Blog 🇺🇸:
The modern warehouse can be a dangerous work environment. There are fatalities along with general injuries from workplace accidents in warehouses related to forklifts, docks and conveyors. With over seven thousand operational…

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Is Your Code of Conduct Unlawful? Ask the NLRB

Originally posted on The EmpLAWyerologist:
Suppose you have been struggling with low morale and lack of cooperation among your employees, low client satisfaction, and high employee turnover. Your company culture needs an instantaneous makeover, and you are not sure if…

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Supreme Court Decides Voters’ Initiative To End Affirmative Action Is Constitutional

April 22, 2014 In a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs. In a 6-2 decision, the Supreme Court disagreed … Continue reading

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AGC Georgia’s Construction Professionals Conference – HR, Safety and Management.

400+ from 120 Firms Are Registered! Are You One of Them? Registration Closes Tomorrow (view a list of companies attending the conference) AGC Georgia’s Construction Professionals Conference & Marketplace Wednesday, April 23, 2014 7:00 am – 4:30 pm Georgia International … Continue reading

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