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

Straight Talk On Employee Handbooks.

A useful piece by my friend and partner, Jennifer Sandberg.  While she wrote this piece for credit unions, the recommendations apply to any industry setting. This article was also featured at http://www.cumanagement.org.  Jennifer is one of our attorneys who most … Continue reading

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

Good Reminder of Your Haz Com/GHS Obligations – Don’t Miss Them.

Hazcom Training: Don’t Panic The deadline for covered employers to train workers on the GHS formatting passed on Dec. 1, 2013. But if you fear roving bands of OSHA inspectors banging on doors to identify GHS scofflaws, don’t hit the … Continue reading

Posted in hazardous substances/chemicals, OSHA, training | Tagged , | Leave a comment

Do You Know Your Store’s Most Common OSHA Violations?

Most retail employers, even large companies with hundreds of branches, do not much worry about being inspected by OSHA; let alone cited.  It’s not that these employers are disinterested in their employees’ safety, it’s just that they have rarely experienced … Continue reading

Posted in OSHA, repeat items, retail | Tagged , , | 3 Comments

The EEOC and OSHA Are Expanding Their Focus To the Whole Company … All of It.

An EEOC “systemic” investigation can be as miserable as a class action lawsuit for employers.  As we have discussed before, the EEOC has encouraged its management and investigators to scrutinize single claimant EEOC charges for possible expansion to a burdensome … Continue reading

Posted in class actions/systemic investigation, discipline and discharge, discrimination, EEOC, employer policies, government inspections, OSHA | Leave a comment

Foolish Comments and Inconsistent Appearing Discipline Get You Sued

Not just supervisors, but also Safety professionals routinely have to respond to or try to prevent various types of employment claims. Why you may ask?  Partly because the supervisor and employees figure that “regulations are regulations,” so the safety dude … Continue reading

Posted in ADA, discipline and discharge, discrimination, EEOC, FMLA, harassment, workers comp | Tagged , , , | 1 Comment

OFCCP $2.2 Settlement Worth Noting

Don’t let the OFCCP drop off of your list of concerns.  The sheer number of categories (female, Caucasian and Hispanic, black and Caucasian)  and inclusion of multiple locations in several states in the settlement below should raise concerns.  Follow the link … Continue reading

Posted in discrimination, food processing, government contracting | Tagged , , | Leave a comment

Wisdom and Craziness In Raising Children.

Please excuse my shameless promotion of my wife’s new blog, “Karla’s Corner.” For years, people have pleaded with Karla to write down her endless stories drawn from our 30 years of parenting adventures (and gaffes) and her 30+ years in … Continue reading

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Protecting Workers At Customers’ Homes and Work Sites

Construction employers have made progress in managing individual employees and crews at multiemployer sites. Similarly, although mistakes still occur, we’ve got over 40 years experience complying with OSHA on the shop floor. Unfortunately, neither setting represents the increasingly common work … Continue reading

Posted in construction, employer policies, hazard assessment, safety programs, workplace violence | Leave a comment

Ruminations On Making the Legal System Work Better

If it paid, I’d spend most of my time writing, blogging and tweeting, but those satisfying outlets do not pay the bills.  Yep.  I’m a senior partner with management responsibilities in 30-something offices, but I must still manage my always … Continue reading

Posted in managing legal matters, NLRB, OSHA | Tagged , , | 1 Comment

OSHA Citations, Lost Production and Getting Lean

In our competitive environment, every manufacturer struggles to do more with less and to find capital for “non-production” areas, such as maintenance, safety, training, housekeeping and HR.  If done in a shortsighted fashion, the employer learns through painful experience the … Continue reading

Posted in combustible dust, employer policies, food processing, hazard assessment, manufacturing, MOC, OSHA | Tagged , | Leave a comment