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

My Essential OSHA “Enforcement” Posts This Year.

These are the links I sent to F & P attorneys after recently conducting an in-house session on our workplace safety practice.  The focus of the links was not on building a safety culture, which is my favorite topic, or … Continue reading

Posted in civil and criminal exposure, combustible dust, discipline and discharge, discrimination, emergency response, food processing, harassment, OSHA, public attacks, recordkeeping, repeat items, Washington | Tagged | Leave a comment

You Learn a Lot When You’re the Sober One.

Tim Sackett always writes practical and entertaining posts,  Today’s post, “The Number One Reason You Should Never Drink at an Office Function” is no exception.  Tim goes beyond cautioning us to not make a fool of ourselves with a tongue … Continue reading

Posted in cultural changes, employee engagement, government inspections, harassment, management and leadership, union organizing | Tagged , , , | Leave a comment

More Heat On Federal Contractors With OSHA and Wage-Hour Violations.

 Hopefully you do not need further motivation to maintain an effective workplace safety culture; however, Senator Labor Chair Tom Harkins’ December 11, 2013 Report may serve as additional motivation.  In the 4” thick Report, “Acting Responsibly? Federal Contractors Frequently Put … Continue reading

Posted in construction, government contracting, OSHA, Washington | Tagged , | Leave a comment

When It Comes To End of the Year Bonuses, A Little Goes a Long Way!

The linked article on TLNT provides an Excellent discussion of employees diminished expectations for end-of-the-year bonuses and references that all time Christmas Classic, “National Lampoon Christmas Vacation!”  To quote the author: four in five employees think a holiday bonus is … Continue reading

Posted in attitude/culture, cultural changes, employee engagement | Tagged | Leave a comment

Huh? What’s A Worker Center Got To Do With Me?

When Is A Union Not A Union? When It’s A “Worker Center.” By Steven Bernstein (Hospitality Update, No. 4, December 2013) In recent weeks, the fast-food industry has fallen prey to coordinated demonstrations by a number of loosely affiliated groups, … Continue reading

Posted in auto industry, boycotts, manufacturing, union organizing, unions, whistleblower/retaliation | Tagged , , | Leave a comment

MSHA’S POV Rule Still Alive and Kicking

by Matthew Korn Yesterday, the Court of Appeals for the Sixth Circuit denied the mining industry’s request to stay implementation of MSHA’s new POV final rule, pending its review of the rule.  Essentially, the Court of Appeals found that enforcement … Continue reading

Posted in MSHA, Washington | Tagged | Leave a comment

Lessons From Nelson Mandela

Remembering Mandela: His Three Timeless Workplace Lessons by Howard Mavity on Dec 6, 2013, 12:05 PM  |  4 Comments inShare17 Editor’s note: Weekly Wrap is stepping back and celebrating the life of Nelson Mandela today. We’ll be back with our … Continue reading

Posted in cultural changes, employee engagement, generational differences, management and leadership, supervisor development | Tagged , | Leave a comment

Thanksgiving At Work

Although Americans have celebrated some sort of Thanksgiving since 1661, Abraham Lincoln established Thanksgiving as a national holiday by proclamation on November 28, 1861.  The Thanksgiving holiday takes on more meaning when one considers that an American people so exhausted … Continue reading

Posted in attitude/culture, cultural changes, employee engagement, generational differences, management and leadership, supervisor development | Tagged , , | Leave a comment

“Best HR, Legal, Safety & Leadership Stuff I Read Last Week”

I’m still working on how to summarize my large volume of Tweets of great material from  EHS, TLNT, HBR and others.  Until I come up with a better method, I’ll periodically prepare this sort of digest.  I hope that my … Continue reading

Posted in attitude/culture, cultural changes, employee engagement, employer policies, generational differences, management and leadership, safety programs, supervisor development | Tagged , , , , , , , , | Leave a comment

Should We Expect Happy Employees?

I do not often think in terms of looking for “happiness” at work.  My self-made World War II Vet dad raised me to focus on responsibility and to not expect easy roads.  Nevertheless, is it unrealistic to talk about “happiness” … Continue reading

Posted in aging workforce, attitude/culture, books and articles, cultural changes, employee engagement, employer policies, management and leadership | Tagged | Leave a comment