Howard Mavity

Howard Mavity

Fisher & Phillips LLP

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What’s the Real Effect of OSHA’s Revamped Inspection Process, the “Enforcement Weighing System?”

On October 1, OSHA started its “Enforcement Weighing System,” which means that OSHA Compliance Officers and Area Offices will be under less pressure to complete a number of inspections and will receive credit for separate...more

10/5/2015 - Distributors DOL EEOC Federal Contractors Health Care Providers Hospitals Manufacturers NLRB OSHA Popular Reporting Requirements Safety Inspections Strategic Enforcement Plan Temporary Employees Unfair Labor Practices Wage and Hour Whistleblowers Workplace Violence

Increased Criminal Prosecution of Employers – Part Two – Should You Be Concerned?

Note: This series was prompted by the DOJ’s September 9 “Yates Memo” focusing on increased executive prosecutions and renewed interest by OSHA in criminal actions. We don’t see many employee or consumer safety criminal...more

9/24/2015 - C-Suite Executives Cooperation Criminal Prosecution DOJ Government Investigations Peanut Corporation of America Salmonella Volkswagen Yates Memorandum

Is OSHA Going to Put You in Jail?

The answer to my admittedly provocative question is “probably not,” but recent developments demand that employers consider criminal exposure under labor laws, Including the OSHAct. My partner and fellow OSHA nerd, Ed...more

9/14/2015 - Criminal Prosecution Employer Liability Issues Government Investigations Indictments OSHA Workplace Injury

Would You Drop to the Floor If Shooting Broke Out In Your Workplace?

With depressing regularity, we receive calls asking for guidance in evaluating and responding to potential workplace violence threats. The threats are rarely serious but in this era, one can never ignore concerns. There are...more

9/1/2015 - Best Practices DHS Risk Management Training Workplace Violence

Does a Workplace Have To Be Perfect?

I recently blogged about the debate on CEO and employee pay ratios. I urged employers to seize the high ground and decide what their attitude is as to their “responsibility” is to their employees. I’m a pragmatist. I...more

8/24/2015 - Amazon Best Management Practices Business Plans CEOs Dodd-Frank Elon Musk Jeff Bezos Pay Ratio SEC Steve Jobs

You Really Need to be Keeping Up With Developments With the NFPA Combustible Dust Standards

My friend and outstanding combustible dust (and more) expert Tim Myers of Exponent shared the following: The National Fire Protection Association (NFPA) is set to publish the first edition of NFPA 652 Standard on...more

8/14/2015 - Fires Hazardous Substances Technical Standards

Does The Ratio Of CEO To Employee Pay Matter?

The SEC recently voted to require employers to disclose the pay gap between the CEO and his or her employees. Unions, investors, and other groups have increasingly been using this disparity to attack companies. As Fortune...more

8/14/2015 - AFL-CIO CEOs Corporate Culture Ethics Executive Compensation Pay Ratio SEC

Do You Really Know How To Manage An OSHA Inspection?

Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why employers should take certain steps. You already know to take photos whenever the Compliance Officer (CO) takes shots...more

3/6/2015 - Best Practices Corporate Counsel OSHA Safety Inspections

New OSHA Reporting Requirements Now In Effect

As 2015 begins, the Occupational Safety and Health Administration (OSHA) is sharpening its emphasis on inspecting and citing employers who violate its recordkeeping standard. This takes on greater importance because of the...more

1/7/2015 - Certifications Employer Mandates OSHA Posting Requirements Recordkeeping Requirements Reporting Requirements Workplace Injury

Auto Dealers Will Soon Have To Maintain OSHA 300 Recordkeeping

Come January 1, 2015, OSHA’s newly announced Recordkeeping changes will most harshly affect manufacturers but the largest group affected is auto dealers....more

11/6/2014 - Car Dealerships OSHA Recordkeeping Requirements Reporting Requirements

The New Union-Organizing Tool - Embarrassment

Unions and other third parties have never before so heavily used public embarrassment as a means of organizing employees. The key to union organizing is to find a disgruntled employee who will serve as a leader and capitalize...more

9/10/2014 - DOL Hyatt NLRB OSHA Trucking Industry Union Elections Unions Wage and Hour

Hospitality Update, No. 4, December 2013: Wash Your *!&# Hands! Employers And The Flu

Almost 4.1 million employees missed work due to illness last January, which was the most since 2008. Even worse, the four-month peak season lasted through March, so the numbers continued to add up. Some years, absences...more

12/4/2013 - ADA EEOC Hospitality Industry Sick Leave Vaccinations

Labor Letter - November 2013: How To Manage An OSHA Inspection

Many articles on handling OSHA inspections provide the same basic guidelines and little explanation of why an employer should take certain steps. Readers already know to take photos whenever the Compliance Officer takes...more

11/6/2013 - Chief Compliance Officers Compliance Inspections OSHA

Labor Letter, October 2013: Do I Have To Treat My Employees Like Kids? Uh… Sometimes

The question of “do I have to actually make my employees wear PPE” made it all the way to the full Occupational Safety and Health Review Commission (OSHRC) last year. In the case of Custom Built Marine Construction,...more


Labor Letter, June 2013: Why Would Employees Tease About Nooses In 2013?

It was surprising and disappointing to read about a punitive damages award against a North Carolina employer who allegedly tolerated employees referring to an African-American coworker as a “coon” and offering him a hangman’s...more

6/4/2013 - Discrimination EEOC Punitive Damages Racial Discrimination Workplace Bullying

Labor Letter - April 2013: Cussing Out Your Employee May Get You Sued…By OSHA?

Hopefully you’re already aware of the continuing escalation of all forms of whistleblower and retaliation claims, including under the 20+ Anti-Retaliation laws enforced by special investigators from OSHA’s Whistleblower...more

4/5/2013 - Anti-Retaliation Provisions OSHA Whistleblowers Workplace Violence

Labor Letter, March 2013: Pyrrhic Victories

King Pyrrhus of Epirus defeated the Roman army in the battle of Asculum, but at great cost. His comment, “Another such victory would utterly undo me,” applies to employment litigation....more

3/5/2013 - Anti-Harassment Policies Discrimination EEOC Sex Discrimination Title VII

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