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 To Do When the Supervisor Breaks the Rules

My Supervisor Violated the OSHA Standard. What Do I Do Now? From SHRM Atlanta Supervisors are supposed to set the tone, provide on-the-job training and consistently enforce safety processes.  What happens when the supervisor is the one who breaks the … Continue reading

Posted in discipline and discharge, OSHA | Tagged , , | Leave a comment

Bad News + Prepping the Boss For interviews = a Bad Day For You.

The following article is from Kevin Sullivan, our VP Marketing and PR.  Even in this social media-driven age, I find employers to be woefully unprepared to respond to inquiries about a workplace fatality, union corporate campaign, an executive’s public bad … Continue reading

Posted in boycotts, emergency response, management and leadership, managing legal matters, public attacks, social media | Tagged , , , , , | Leave a comment

Will GM’s Car Recalls Encourage Whistleblower Claims?

During this week’s discussion about GM’s auto recalls, OSHA also released a Fact Sheet and guidance on “Filing Whistleblower Complaints Under The Moving Ahead For Progress In The 21st Century Act (MAP21).”  I’m willing to bet that most of you … Continue reading

Posted in discipline and discharge, discrimination, manufacturing, OSHA, whistleblower/retaliation | Tagged , , , , | Leave a comment

9 Things you Absolutely Must Do if You Have an OSHA Inspection

by Howard Mavity Senior Partner, Fisher & Phillips Readers already know to take photos whenever an OSHA Compliance Officer takes shots, and a few other standard labor lawyer recommendations, but I’d like to take a moment to talk about “why” we … Continue reading

Posted in construction, government inspections, OSHA | Leave a comment

Construction Contractors Subject To New OFCCP Rules

March 31, 2014 Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was tossed out by a federal … Continue reading

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Should You Care About Turkey?

The U.S. is understandably distracted by the situation in the Ukraine, but the events unfolding in Turkey may be more important to the U.S. I just returned from a week in Turkey and I am concerned about the U.S. public’s … Continue reading

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New EEOC Workplace Guidelines On Garb and Dress:Clarification OR Increased Claims?

PRESS RELEASE 3-6-14 EEOC Issues New Publications on Religious Garb and Grooming in the Workplace Practical Guides Will Assist Employers and Employees WASHINGTON- The U.S. Equal Employment Opportunity Commission today issued two new technical assistance publications addressing workplace rights and … Continue reading

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Be Wise, But Share Good News and Bad News With Employees

Leadership lessons from the military do not necessarily translate to the private sector.  I am uncomfortable with business books which continually analogize the workplace to the battlefield.  It’s not the same thing and I never want to minimize that service.  … Continue reading

Posted in cultural changes, employee engagement, management and leadership | Tagged , , | Leave a comment

Did Your Business Learn From This Year’s Apocalyptic Storms?

Laura Stack posted an excellent INC. article, “You Can’t Stop A Polar Vortex, But You Can Be Ready For The Next One.”  While I travel constantly, I live in Atlanta, so this is a visceral subject to me both as … Continue reading

Posted in combustible dust, emergency response, employer policies, hospitality, safety programs | Tagged , , , | Leave a comment

One Stroke of a Key and Your Reputation Is Destroyed.

Many of you know that I spend a lot of time trying to teach people, especially executives, to be cautious about what they say in e-mails, blogs, Facebook and now LinkedIn.  My favorite comment is that “one should draft e-mails … Continue reading

Posted in attitude/culture, cultural changes, discipline and discharge, social media, workplace violence | Tagged , , , | Leave a comment