Howard Mavity

Howard Mavity

Fisher Phillips

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Congress has Voted to Kill OSHA’s “Volks Rule – So What Does that Really Mean?

If one listens to various Democrat and labor talking heads, you would think that Congress has rolled back 40 years of worker protections by passing a resolution killing the new OSHA rule, which permitted OSHA to cite...more

3/25/2017 - Budget Cuts Congressional Review Act Delays Federal Budget Legislative Agendas OSHA Recordkeeping Requirements Trump Administration Workplace Investigations Workplace Safety

Is OSHA Backpedaling On the New Electronic Reporting of Workplace Injury and Illness Data?

We’re all scrambling for any hint of impending OSHA changes, but are limited largely to speculation because we do not yet have a new Secretary of Labor or an Assistant Secretary of Labor for OSHA. Career OSHA management at...more

2/2/2017 - OSHA Reporting Requirements Trump Administration Workplace Injury

Are Employers Acting on What They Learn from Mass Shootings

After every public shooting, we discuss how to prevent and better respond to the next active shooter, but each subsequent shooting event suggests we are not acting upon knowledge gained....more

1/10/2017 - Best Management Practices Mass Shootings Mental Illness Training Workplace Safety

2017 Practical Advice Series, Part II: The Tongue is an Evil Serpent and Email and Tweets are Even Worse

I’ve commenced this series because employers and employees seem to make many of the same mistakes over and over again, and technology has created new ways for one to screw up. On some level, most of us are aware that we...more

1/3/2017 - Best Practices Electronic Communications Email Trump Administration Twitter

A New Series: Practical Advice for 2017

With the exception of Immigration enforcement, I doubt that we will see as vigorous an increase in new employment law requirements and enforcement under the Trump Administration as under President Obama’s tenure. Therefore,...more

12/28/2016 - Public Policy

Court Allows OSHA’s Reporting Rule To Proceed As Scheduled Although Rule Can Still Be Challenged, December 1 Effective Date Is On...

On November 28, a Texas federal court judge issued a ruling that cleared the way for the whistleblower provisions of the new Occupational Safety and Health Administration (OSHA) Recordkeeping Rule to take effect as scheduled....more

12/1/2016 - Anti-Retaliation Provisions Drug Testing Final Rules OSHA Recordkeeping Requirements Reporting Requirements Workplace Injury

OSHA’s Post-Accident Drug Testing Rule Delayed Until Dec. 1 - What Employers Need To Know To Comply

Employers continue to question whether they must change their post-accident drug testing procedures because of the anti-retaliation provisions in OSHA’s new Electronic Recordkeeping Rule announced in May, and if so, whether...more

11/3/2016 - Drug Testing OSHA Recordkeeping Requirements Reporting Requirements Workplace Injury

Should We Eliminate Automatic Post-Accident Drug Testing Because of OSHA’s New Rule?

We continue to receive calls from employers who have heard that they must change their post-accident drug testing procedures because of anti-retaliation provisions in OSHA’s new Electronic Recordkeeping Rule. OSHA set an...more

11/1/2016 - Anti-Retaliation Provisions Drug Testing OSHA Recordkeeping Requirements Reporting Requirements Workplace Injury

Which Election Will Really Affect Labor, Employment and Safety Regulation?

While the bulk of our attention has been focused on the troubling Presidential race, employers would be well advised to more closely watch the US Senate races. As I type, the current Senate of 41 Republicans and 46 Democrats...more

10/31/2016 - General Elections Members of Congress Presidential Elections

Virginia OSHA is Serious about Safety and They’ll Issue Big Penalties if Necessary.

We were stunned to see a squared away State OSHA plan issue a million dollar OSHA citation earlier this month. We should, therefore take note, when that state’s Governor actually spoke at the state’s “Governor’s Safety...more

10/26/2016 - Best Practices Employer Liability Issues Goodyear Governor McAuliffe OSHA Workplace Hazards Workplace Safety

Will Post-Accident Drug Testing Still Be Allowed Under New OSHA Rules?

When the Occupational Safety and Health Administration (OSHA) announced its May 2016 Electronic Recordkeeping Rule, most employers focused on the Rule’s increased reporting requirements and the imminent public posting of...more

8/5/2016 - Anti-Retaliation Provisions Drug Testing Electronic Filing OSHA Recordkeeping Requirements Workplace Injury

Feds Ratchet Up Employer Penalties, Effective Later This Summer

While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more

7/6/2016 - Child Labor Civil Monetary Penalty Corporate Counsel DOL Employer Liability Issues ERISA FLSA Immigration and Nationality Act OSHA Visas Wage and Hour

OSHA Announces Massive Penalty Increases (and for other Agencies)

We know that you’re tired of hearing about major new federal Employment law changes but an unusually important announcement came out yesterday. OSHA has released details on the penalty increases effective August 1, 2016, but...more

7/5/2016 - Civil Monetary Penalty Employer Liability Issues OSHA Popular Recordkeeping Requirements Safety Violations


Heat is Creating More Legal Problems this Summer. It has been close to 100° in many southern states and even worse in the West. The Union of Concerned Scientists has warned of a “dangerous heat wave and steps to take....more

6/23/2016 - ADA Best Management Practices EEOC OSHA Severe Weather Wellness Programs Workplace Safety

OSHA Rolls Out a New Severe Violators Enforcement Program, but for Whistleblower and Not Safety Violations.

Even when I disagree with an OSHA safety initiative, I’ll concede that some good comes out of it, even if it is only to remind employers of the cost of neglecting safety. However, a Whistleblower Severe Violators Enforcement...more

6/6/2016 - DOL Employer Liability Issues Final Rules OSHA Recordkeeping Requirements Reporting Requirements SVEP Workplace Injury

My Thoughts on OSHA’s New Electronic Recordkeeping Rule

The Good - 1. From an employer’s perspective it could have been worse. OSHA apparently recognized the logistical challenges of defining “the Enterprise” to include every affiliate or related company, but OSHA will...more

5/13/2016 - Employer Liability Issues New Regulations OSHA Recordkeeping Requirements Workplace Injury

OSHA Electronic Recordkeeping Rule Coming Out on May 11?

Today, May 10, OSHA announced that Agency head David Michaels will be conducting a morning press briefing on Tuesday, May 11 covering an undisclosed workplace safety topic, which likely means that OSHA is going to announce...more

5/11/2016 - Final Rules OIRA OSHA Recordkeeping Requirements Workplace Safety

Practical Explanation of EEOC Developments and Cases

Employers have become accustom to the periodic unfounded EEOC charges and may not treat them as seriously as a retaliation claim or litigation. However, the EEOC continues to change its procedures in ways which makes it more...more

4/21/2016 - Charging Party EEOC OSHA Position Statements Time Extensions

Zika Will Be a Bigger Problem than EBOLA

Based on the U.S. success in containing Ebola last year, we have reaon to believe that should this terrifying disease reappear, the U.S. will minimize its domestic effects. Moreover research may even come up with better...more

4/19/2016 - Public Health World Health Organization Zika

A Major Change in Employer Attitude Towards Preventing Workplace Violence

We just completed the second of two Fisher & Phillips webinars including panelists and contributors who were active and former Department of Homeland Security, Secret Service, and other law enforcement professionals.  We...more

4/18/2016 - Best Management Practices Mass Shootings Workplace Safety Workplace Violence

Workplace Violence In The News: How To Respond If A Worker Is Served With A Restraining Order

After yet another incident of workplace violence in the news, we have to consider that any employee served with a restraining order should be treated as a reason to take workplace security precautions. The shooter in the most...more

3/30/2016 - Best Management Practices EAP Popular Protective Orders Risk Management Workplace Violence

A Fast and Furious Safety, Labor and HR Update - Issue 1

A New Approach to My Posts - Last week I was honored to be named a Top Author in J.D. Supra Readers’ Choice Awards. I write a great deal when I should probably be billing, but you guys seem to enjoy my stuff, so thanks!...more

3/28/2016 - Discrimination DOL Drones NLRB Obama Administration OSHA Persuader Rules Silica Statistical Analysis Wage and Hour Workplace Violence

Some Agreement at the ABA OSHA Midwinter Meetings about Reporting Severe Injuries – and a Few Lessons and Changes

It may be more entertaining to describe heated disagreement between employers, OSHA and unions, but areas of tacit agreement are more significant, at least when it comes to guaranteeing worker safety....more

3/10/2016 - NEP OSHA Reporting Requirements SVEP Workplace Safety

Greetings from the ABA OSHA Midwinter Meetings

I prefer meeting with business leaders and safety professionals more than spending time with fellow attorneys. I enjoy my profession but 35 years ago my dad challenged me to “be a business person who is also a lawyer,” so I...more

3/10/2016 - American Bar Association (ABA) OSHA Professional Conferences

Candid Observations from M. Patricia Smith, Solicitor of Labor, US DOL

Solicitor Smith did not announce any positions that we have not discussed, but she confirmed our opinions on the Administration’s priorities and their intentions as they energetically finish their term....more

3/10/2016 - DOL OSHA Whistleblower Protection Policies Workplace Violence

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