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HTMLThe New Union-Organizing Tool ... Embarrassment
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
September 10, 2014, previously published on September 1, 2014
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 on existing workplace problems. These problems are typically compounded...

 

HTMLEEOC Going For More Systemic Investigations In 2014; Sound Familiar?
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
February 14, 2014, previously published on February 7, 2014
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 an burdensome corporate wide...

 

HTMLOSHA Might Just Be a Grocery Store's Biggest Employment Exposure
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
February 14, 2014, previously published on February 8, 2014
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 and OSHA visit, and with...

 

HTMLOSHA Concerns For 2014?
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
February 14, 2014, previously published on February 9, 2014
Allen Smith, J.D., the manager of workplace law content for SHRM. ( @SHRMlegaleditor) recently asked three attorneys, including me, to set out our wishes and cautions for OSHA in 2014, and then wrote a good (and short!) article. My responses are below, along with some comments from some...

 

HTMLThis Cold Is Different: Protect Your Workers
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
January 13, 2014, previously published on January 9, 2014
The recent “Polar Vortex” has stunned even snow-hardened Minnesotans. I became concerned about worker safety in this brutal cold when I stopped late one night to pump gas on my way back to Atlanta from out of state trial prep. Thermometers showed it as seven degrees but with the...

 

HTMLIs Your Company On Senator Harkins’ Naughty List?
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
December 18, 2013, previously published on December 16, 2013
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...

 

HTML2014 Flu Update, and Oh, Wash Your $%#! Hands!
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
December 16, 2013, previously published on December 10, 2013
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 during that four-month period ran at 3.8 million a month, for a whopping total...

 

HTMLWant To Be A Leader At Work? Look To Nelson Mandela
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
December 9, 2013, previously published on December 5, 2013
After 30 years of seeing the worst of the workplace, I have few heroes left. Today, I lost my JFK or MLK. I’ll remember where I was sitting when I learned that the lion who was Nelson Mandela, had roared his last. I choose to believe that’s how he went out. As a lion of a man.

 

HTMLWash Your *!&# Hands! Employers and the Flu
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
December 6, 2013, previously published on December 3, 2013
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 during that four-month period ran at 3.8 million a month, for a whopping total...

 

HTMLWhen Is More Leave Not a Reasonable Accommodation?
Howard A. Mavity; Fisher & Phillips LLP;
Legal Alert/Article
November 29, 2013, previously published on November 24, 2013
Cases under the ADA are fact specific. Often it is difficult to find clear cut standards for determining if an employee is qualified to perform the essential functions and if an accommodation is reasonable. In Attiogbe-Tay v. Southeast Rolling Hills LLC, a court concluded that a nurse who returned...

 


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