United States: Howard's End Of The Week Roundup - January 21

I started these posts after my partner Travis Vance and I realized that our clients and Firm friends are eager for information in areas other than labor, OSHA, and employment law. A number of nationally renowned thought leaders argue that law firms should broaden their content. I believe that an effective manager or executive is a whole person and their interests and needs are broad. Can one be an effective leader without good health, knowledge, ethics, and happiness? On a practical note, many folks ask me, "What are you reading or listening to?" Respondents to last week's Roundup seemed to like the Podcast recommendations and movie comments, so we'll do them again.

We'd really like it if more of you sent in your input, including:

  • Suggestions for topics -what's on your mind?
  • Thought leaders, articles, books or podcasts which have affected you;
  • Your observations about creating a safer and better run workplace.


This Week's Labor, Employment Law and OSHA Legal Developments.

  • I hoped that we would not have to deal with a Federal Government Shutdown. If the shutdown persists, it will affect OSHA, NLRB and EEOC case handling, which is especially tough for OSHA with their six-month period in which to complete and issue citations. Go to this LINK for our complete analysis of the effects.
  • One question bantered about on Twitter was whether the Shutdown would "toll" OSHA deadlines, such as the 15 working day Contest period or the six-month time in which to issue citations. The answer was NO. Don't get caught missing a deadline.
  • Halleluiah, the Senate HELP Committee approved proposed Assistant Secretary of Labor – OSHA Scott Mugno on January 18 ... again. Hopefully he'll be approved by the full senate and in office by the time of the ABA OSHA Midwinter Meeting, and can tell us a bit about his plans. The Committee also passed Patrick Pizzella for deputy labor secretary, Wage and Hour Division administrator nominee Cheryl Stanton, and William Beach for commissioner of the Bureau of Labor Statistics.
  • I want to reiterate a common topic at the AGC-National Safety Committee Winter Meetings: Fleet Safety Management. Construction contractors, ready mix and similar employers face their greatest civil and workers comp liability for their vehicles. Struck-bys involving loaders or bobcats on a site – employees hurt jumping off a truck –or worst of all an accident involving a member of the public. It is not just trucking and logistics companies facing these safety and liability challenges. Carl Heinlein of ACIG and a tireless worker for employee safety sent the following link to the National Safety Council, which has defensive diving and other materials.
  • Starting with UNITE-HERE's war on Hyatt, we have long tracked efforts by unions to organize hotel housekeeping employees using safety as the wedge between employees and the employer and especially ergonomic injuries. A part of this campaign has been to seek local ordinances and State-OSHA rules focusing on Ergonomic injuries and seeking limits on the number of beds made per day, types of sheets, etc. The most significant move was Cal-OSHA's Approval of a Housekeeping Standard, which is likely to go into effect later this year. Remember that unions win the highest percentage of organizing efforts where safety is a major issue.

Podcasts that Helped Me.

The Importance of Sleep. (Huge issues for each of us professionals and cause of safety issues).

Former SEAL Medical Officer Dr. Kirk Parsley, in The Vital Importance of Sleep, on Mark Divine's Unbeatable Mind podcast succinctly explained the harm to one's testosterone and other effects of regular sleep deprivation, and the connection to weight gain, fatigue and diminished judgment. Dr. Parsley talked also about our high achieving culture which values and boasts about not sleeping enough and the foolishness of that attitude.

I have long believed that fatigue is the most common threat to employee safety, judgment and productivity. Please see my past FP posts: LINK 1, and LINK 2 of two-part series, and LINK 3.

Personality Types.

Apparently I am the only person in the Country who was not familiar with Gretchen Rubin. I had even bought my wife Rubin's NYT bestseller, The Happiness Project. I listened to Rubin first on my go-to source of interesting people, The Tim Ferriss Show, on which Tim interviewed her. I was struck by her down-to-earth nature and self-deprecating manner. I commend his interview because Tim leads her to talk about her own life, her routine, and how she found her calling> Rubin is a morning person, task-oriented, and an "Upholder" under her analysis of traits – and yet she avoids the appearance of being judgmental and rigid of many people of this type.

She is all over YouTube, but I next listened to an interview of her on the Commonwealth Club of California podcast series where she talked about how she classifies people by her "Four Tendencies." I've ordered her book, The Four Tendencies: The Four Personality Profiles that Reveal How to Make Your Life Better (and Other People's Lives Better Too). Her Four Tendencies are:

  • Upholders respond readily to both outer expectations and inner expectations.
  • Questioners question all expectations; they meet an expectation only if they believe it's justified, so in effect they respond only to inner expectations.
  • Obligers respond readily to outer expectations but struggle to meet inner expectations
  • Rebels resist all expectations, outer and inner alike.

The primary audience of such books is the individual who wants to improve oneself – which means almost all of us – but I am also eager to apply such analysis in the workplace to better manage people and to work better with other leaders. One has to understand how people are wired differently than you in order to manage or work with them. Might avoid a few lawsuits as well ....

Movies I've Lately Seen.

While in California on business, I spent time with my son who is working in the entertainment industry. I saw two of the 2017 movies that he most loved; both of which are contenders for various Oscar nominations, including Best Picture.

  • The Shape of Water. I love Guillermo del Toro's movies and am eager to see him win a Best Picture Oscar and join the other two members of the "Three Amigos," Alejandro Gonzalez Inarritu, and Alfonso Cuaron, who already have their Oscars. Despite people wondering if the movie was weird and whether the wildly overhyped scene of a woman having sex with the monster was as creepy as it sounded ... the movie is beautiful, and the 60's Cold War setting is fascinating in its cultural references and in its striking look.
  • Lady Bird touched me and made me smile, although, as a dad, this story of a senior in a Sacramento Catholic School also tugged at my heart. My son said that the movie touched his emotions of any he saw this year. My wife laughed through it, which is understandable because one can see themselves in the characters. Also, if you sent your kids through Catholic School, you're laugh along with the affectionate humor. Sweet movie and brilliantly done.

It's tough for me to rank the movies that "I" think are 2017's best, and I have not yet seen the Florida Project. So far, my top three are:

Dunkirk comes close to tying with Darkest Hour, and Darkest Hour with Lady Bird. Some days, I feel like moving Darkest Hours and Dunkirk up to numbers one and two – which is why I could not be a decisive film critic. In some ways, it is a shame that we had two brilliant movies about the beginning of WW II in the same year. Nevertheless, the order of release is backwards. Dunkirk came out first but the events in Darkest Hour immediately precede it. If you have not seen either movie, watch Dunkirk first.


The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions