Category Archives: discipline and discharge

Employers Hesitate To Discipline Workers For Safety

Posted on June 11, 2013 by mavity2012

This from BLR Workplace Safety News … June 11, 2013 Employers hesitate to discipline workers for safety A labor lawyer says discipline is essential for safety, but employers just aren’t doing it. Fisher & Phillips partner Howard Mavity cites a … Continue reading →

Posted in discipline and discharge, employer policies, incentive plans, OSHA, safety programs | Tagged | 1 Comment

FORGET THAT NEW NOVEL! NEW EEOC PUBLICATIONS ARE HERE!!

Posted on May 23, 2013 by mavity2012

I  found this post and links by fellow attorney-blogger, Philip K. Miles III of “Lawfice,” to be quite useful.  I agree with his instruction … for your “Memorial Day reading.”  Actually, while I love to read stuff like this in my off time, … Continue reading →

Posted in ADA, aging workforce, discipline and discharge, EEOC, employer policies, wellness | Tagged , , , , , , , | Leave a comment

Discipline Is Essential For Safety, So Why Don’t We Do It?

Posted on April 22, 2013 by mavity2012

An effective safety process requires consistent discipline to support other company safety efforts, but it doesn’t happen. OSHA is aggressively suing employers for allegedly using safety rules to terminate employees for reporting workplace injuries. Indeed, it often turns out that … Continue reading →

Posted in discipline and discharge, employer policies, OSHA, reducing injuries, whistleblower/retaliation, workers comp | Tagged , , | Leave a comment

Count The Cost Before Waging The War

Posted on April 22, 2013 by mavity2012

  An excellent piec by my Portland, Oregon partner, Rich Meneghello…. When Sun Tzu wrote “The Art of War” in the sixth century B.C., he probably wasn’t thinking about how his advice would apply to employment law litigation in the 21st century, … Continue reading →

Posted in civil and criminal exposure, discipline and discharge, litigation, managing legal matters, settlement strategies, wage hour | Tagged , , | Leave a comment

Heed Those Warnings About EEOC Systemic Investigations!

Posted on April 4, 2013 by mavity2012

The EEOC Is Serious About Systemic Enforcement, and These Cases Are A Pain!  We have increasingly warned employers about the EEOC’s increased focus on “systemic litigation.”  While the systemic program started in 2006 under the Bush Administration, the Obama Administration … Continue reading →

Posted in background checks/examinations, class actions/systemic investigation, discipline and discharge, EEOC, employer policies, government inspections, litigation | Tagged , , , , , , , , | Leave a comment

Do I Have To Treat Employees Like Kids? Uhh… Sometimes.

Posted on March 25, 2013 by mavity2012

   I hope that this Post is of no surprise to anyone, but in my recent quest to review basic aspects of the wonderful world of OSHA, I realized that the question of “do I have to make employees wear … Continue reading →

Posted in construction, discipline and discharge, employer policies, government inspections, OSHA | Tagged , , , , , , | Leave a comment

OSHA Warning: Don’t Get Caught In a Trap!

Posted on March 22, 2013 by mavity2012

It’s nice to see that more and more employers and their publications are raising the legal and practical concerns associated with reliance on “lagging indicators,” such as recordable injuries to manage and evaluate safety programs. Go to the Blog  of … Continue reading →

Posted in discipline and discharge, employer benefit plans, employer policies, harassment, incentive plans, OSHA, whistleblower/retaliation | Tagged , , , , | Leave a comment

You Can Win ADA Claims- Show Individualized Analysis and No Knee-Jerk Decisions

Posted on March 1, 2013 by mavity2012

Today, the Eight Circuit handed down a well-reasoned decision in plaintiff’s appeal of its loss in an ADA and State Whistleblower claim.  A locomotive machinist  was sent for examination and not allowed to return to work after being diagnosed with … Continue reading →

Posted in ADA, discipline and discharge, EEOC, whistleblower/retaliation | Tagged , , , , , , , , | Leave a comment

Attractive Women! Retaliation Claims! Social Media! Mixed Drinks! In a Wage-Hour Case?

Posted on February 19, 2013 by mavity2012

Ok… I admit to sounding like a British tabloid writer.  However, how often can one discuss a Fair Labor Standards Act (FLSA) case set in an upscale bar,  involving allegations of retaliation and threatening social media posts?  I suspect that wage-hour … Continue reading →

Posted in discipline and discharge, EEOC, employer policies, government inspections, hospitality, social media, wage hour, whistleblower/retaliation, workplace violence | Tagged , , , , , | Leave a comment

Workplace Violence Complaints Against a Nevada Assembly Member Illustrates Trends

Posted on February 15, 2013 by mavity2012

I suspect that Nevada residents wish that the saying “What happens In Vegas stays in Vegas” applied to the embarrassing saga occurring in their State Assembly. My reason for starting this Blog was to have a way to alert clients about trends … Continue reading →

Posted in cultural changes, discipline and discharge, emergency response, generational differences, government inspections, harassment, hospitality, workplace violence | Tagged , , , , | 1 Comment