Category: Labor and Employment
Clear ResultsLabor and Employment
Efficient Litigation Balancing Time and Cost
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss how litigation strategy depends not only on cost and risk but also on how long it takes to reach court and trial. Using Maryland as an example, they compare the faster district court process that can reach trial in roughly four to six months and typically under a year, versus circuit court jury trials with full discovery that generally take at least a year. They note that time affects leverage and helps explain why most civil disputes settle. Timelines can vary by state, county, case volume, COVID-era disruptions, and factors like AI and pro se litigants.
July 14, 2026
Labor and Employment
Preparing for Employee Discrimination Notices
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss what employers should do when they receive an administrative discrimination charge from the EEOC or a state/local agency, whether after terminating an employee or while the employee is still working. They explain that discrimination and harassment claims typically must go through an administrative process before court. You must take the notice seriously, engaging in the process to build leverage and improve litigation posture. They also note the process can be slow and inconsistent, which can sometimes benefit employers, and stress planning to avoid retaliation concerns if the charging party remains employed.
July 7, 2026
Labor and Employment
Mastering Business Compliance
Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss how businesses can keep up with compliance as both laws and business activities change over time. They explain that new services, expansions into new states, or shifts in operations can trigger new requirements. Russell recommends doing an annual assessment of business changes, reviewing end-of-legislative-session summaries of new laws, and staying current on industry and state developments. They highlight making compliance process-oriented by centralizing obligations on a compliance calendar. Sarah adds that delegating to roles like HR or operations, continuing education, and routine seasonal check-ins can help prevent penalties and operational disruptions.
June 30, 2026
Labor and Employment
Establishing Effective AI Policies
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss how employers should respond to employees using AI at work. They recommend adopting a standalone generative AI policy that sets guardrails on permitted software, confidential information, and acceptable and prohibited uses. Sarah and Russell also stress reducing legal risks such as bias and discrimination, guiding employees away from unofficial sources, and using approved platforms with controls for sensitive areas like management and recruiting.
June 23, 2026
Labor and Employment
Tactics for Managing Negative Online Feedback
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss online reputation and the law in the context of reviews on platforms like Nextdoor, Glassdoor, Google Reviews, and Yelp. They explain that clients often want a quick cease-and-desist response, but that is not always the best answer. They emphasize setting clear goals, weighing cost and practicality of litigation, and considering how the reviewer might react to legal pressure versus being ignored. The episode highlights alternative approaches such as marketing/PR strategies, increasing positive reviews, responding publicly to invite direct contact, and engaging the reviewer to resolve issues.
June 16, 2026
Labor and Employment
The Employer’s Guide to Effective Interviews
In this episode of This Week’s OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman break down the art and strategy of interviewing job candidates. From avoiding legally risky questions to identifying the right personality fit for a role, they discuss practical ways employers can improve their hiring process. Learn why preparation matters, how to ask better interview questions, and why “Tell me about a time when…” can reveal far more than simple yes-or-no questions. They also explore how hiring needs can evolve during the interview process and why flexibility is key when finding the right candidate. Whether you're hiring your first employee or growing a team, this episode offers valuable insights for employers across every industry.
June 9, 2026
Labor and Employment
Preparing for Succession Transitions
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why businesses should prioritize succession planning before a crisis occurs. They explain that succession planning starts at the top in owner-operated companies, including having plans such as a buy-sell agreement for when an owner departs, retires, or exits on an unexpected timeline. They also emphasize planning throughout the management ranks by asking leaders who would step into their role tomorrow and creating contingency coverage for key responsibilities. Acknowledging these can be uncomfortable and emotional conversations, they argue that addressing them while things are running smoothly helps keep the discussion practical and focused on the shared goal of continued success. Planning ahead, like buying insurance, helps protect the organization, employees, and families who depend on it and allows leaders to manage unexpected events without scrambling.
June 2, 2026
Labor and Employment
Exploring AI in HR Practices
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss emerging AI regulations in employment, highlighting Illinois as an example of where other states may follow. They explain that even without AI-specific laws, employers remain subject to existing federal and state employment and anti-discrimination laws, and AI-driven recruiting tools can create liability if they filter candidates with bias. Employers should proactively regulate and monitor how HR and recruiting teams use AI. The episode also notes that hiring and recruiting are likely targets for early transparency and disclosure requirements. Employers should be prepared to articulate how AI is used, what safeguards exist, and how confidentiality and data security are protected when handling job applications and other sensitive information.
May 26, 2026
Labor and Employment
Understanding Corporate Governance
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss corporate governance as the documents, procedures, and policies that help create a well-functioning organization. They explain that while forming an entity may be straightforward (e.g., articles of incorporation), the core governance “roadmap” is typically found in agreements which address how owners come together, operate, and fund the business. They emphasize the importance of clearly defining decision-making authority to enable faster, more decisive action. Sarah and Russell also note businesses must follow and document compliance with these contractual rules, especially for future sales or exits.
May 19, 2026
Labor and Employment
Defamation vs. Disparagement Explained
In this episode of OK at Work, Offit Kurman attorneys Sarah Sawyer and Russell Berger explain the difference between defamation and non-disparagement and why these terms often appear in business and employment agreements. They note that defamation is independently actionable without a contract and generally involves a false statement made to a third party that causes damage. Disparagement can be true or opinion-based but negative and is typically not actionable unless parties agree by contract not to disparage each other. They discuss how non-disparagement clauses, often paired with confidentiality provisions, are commonly used after disputes in employer-employee, partner, or business relationships to protect reputations and prevent harmful commentary.
May 12, 2026
Labor and Employment
Correcting Course in Business Practices
Sarah Sawyer and Russell Berger at Offit Kurman discuss how business owners can respond when they realize they’ve made a legal mistake—often in employment policies—and need to correct course. They note mistakes may come to light through counsel, articles, real-world issues, or even a lawsuit. On this episode of OK at Work, they stress the importance of recognizing the problem, assessing the full scope, and creating a plan to stop ongoing exposure. Sarah and Russell explain that implementation and messaging matter, since sudden targeted changes can prompt broader employee complaints. They also caution against rushing implementation, since quick fixes can add risk, and highlight that some issues, like noncompliant PTO or sick leave policies, require unwinding existing obligations and may involve steps such as back pay or interim interpretation changes.
May 5, 2026
Labor and Employment
Balancing Family and Business
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the risks and best practices of doing business with family members or significant others. They stress keeping the balance between family and business by treating the venture as a business that is subject to rules, risks, and laws, with clear governance and control. For co-owners, it is best to set ground rules, align on vision, and put an operating agreement in place. When dealing with family employees, business owners should be upfront about roles, pay, compliance, and expectations.
April 28, 2026
Labor and Employment
Tips for Business Owners on Handling Contracts
Attorneys Sarah Sawyer and Russell Berger discuss practical contract review tips for business owners who juggle many agreements and worry about delays. They urge using your own standard contracts when possible to speed negotiations and improve control. They suggest working with counsel to identify which provisions are true business terms versus legal term. Your attorney can assist with deciding which clauses are deal breakers, critical, or flexible so you know when to escalate questions. They emphasize understanding the contract’s goals and intent to avoid failed agreements and future disputes, and caution against signing provisions you don’t understand.
April 21, 2026
Labor and Employment
Hiring Compliance Overview
Sarah Sawyer and Russell Berger discuss regulations that affect the hiring and application process, including state and local laws on job ads and interviews. They highlight that anti-discrimination, anti-harassment, and accommodation obligations apply to applicants as well as employees. They review topics such as ban-the-box rules on when criminal history may be considered, pay transparency requirements to post reasonable salary ranges, and restrictions on asking about current pay. Sarah and Russell also explain that if a lawful background or credit check (often after a conditional offer) reveals disqualifying information through a third party, the federal Fair Credit Reporting Act requires a two-step adverse action notice process.
April 14, 2026
Labor and Employment
Strategies for Reducing Legal Risks through Communication and Performance Management
Attorneys Sarah Sawyer and Russell Berger discuss how day-to-day employee management affects both team performance and legal risk, noting that unhappy employees are more likely to sue. They emphasize that performance management, documentation, coaching, and performance improvement plans are important, but should not be treated as mere box-checking. Instead, managers should focus on having effective conversations that actually change behavior and prevent issues from escalating to legal problems. They highlight the importance of clear expectations, thoughtful messaging, and understanding each employee as an individual, since there is no one-size-fits-all approach.
April 7, 2026
Labor and Employment
Protecting Privilege in the Age of AI
Sarah Sawyer and Russell Berger, at Offit Kurman, discuss how clients’ growing use of AI tools, can jeopardize attorney-client privilege and confidentiality. They warn that entering sensitive facts into open AI platforms may be treated like sharing them publicly under certain terms of service. Recent cases show that AI-generated materials created before hiring counsel may not become privileged by later giving them to an attorney. They recommend not to run lawsuits or legal defenses through tools like ChatGPT due to privilege risks and imperfect accuracy. Clients should start by consulting their attorney and, if AI is used, do so under attorney supervision.
March 31, 2026
Labor and Employment
Data Management Essentials for Businesses
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss information governance—how businesses manage data and information with an eye toward compliance and future needs. They note that companies create and store vast amounts of digital records. They should ask what information they have, what they do with it, how long they keep it, and how to dispose of it safely. Sarah and Russell emphasize having a plan that reflects best practices and industry guidelines, addresses retention and cost considerations, and includes a litigation hold protocol to preserve data during disputes. Businesses should know what data they collect (including via apps), and that access controls are critical.
March 24, 2026
Labor and Employment
Preparing Legal Costs for Your Business
Sarah Sawyer and Russell Berger of Offit Kurman discuss how business owners can manage legal costs and risk by distinguishing predictable, routine legal work (like handbook updates, contract reviews, and key agreements) from higher-variance expenses like litigation. They explain that proactive compliance projects are easier to estimate, budget, and spread over time, while litigation is harder to predict due to factors such as discovery and limited control over how disputes are filed and resolved. They also note that shifts in laws, enforcement climates, and market forces can increase conflict and lawsuits, offering signals that owners may need to budget more for legal support in certain years. The episode emphasizes that relatively modest preventative fixes can reduce costly problems later and that litigation budgets should account for significant variability.
March 17, 2026
Labor and Employment
Business Owner’s Guide to Lawsuit Readiness
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman explain what to do if you’re served with a complaint or lawsuit. They emphasize staying calm and recognizing that litigation can be a normal part of running a business, then promptly contacting legal counsel to understand what the complaint alleges and what options you have. They warn against pasting the complaint into AI tools like ChatGPT because those communications are not privileged and could become discoverable in litigation. They also stress the importance of confidentiality and attorney-client privilege, responding within required deadlines, and avoiding emotional reactions to one-sided allegations in a complaint so you can take a tactical, objective approach to the case.
March 10, 2026
Labor and Employment
Legal News Headlines vs. Reality
Sarah Sawyer and Russell Berger explain why legal headlines can be misleading and why readers should look beyond buzzworthy quotes and incomplete reporting. They emphasize that law is nuanced, depends on procedural history and context, and is best understood by reviewing the primary source (the actual case) rather than relying on secondary news summaries. They also note that legal outcomes can quickly evolve as parties and lawmakers respond to decisions, so even accurate headlines may only reflect a moment in time. Their takeaway: don’t change what you’re doing based on a headline—dig deeper and consult the appropriate parties.
March 3, 2026
Labor and Employment
Negotiation Tips for Business Owners
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss negotiations in business and legal disputes, including mediation and litigation. They cover preparing before negotiating. They involve weighing the strength of your facts and legal position alongside the other side’s motivations and constraints as well as setting realistic expectations and building leverage. You should be willing to walk away. Finally, they discuss patience and mental preparation which will help you manage pressure and reach a workable resolution.
February 24, 2026
Labor and Employment
Managing Conflict and Controversy in the Workplace
In this episode of 'OK at Work,' attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss strategies for handling conflict and controversial topics in the workplace. With 2026 starting off with many contentious headlines and differing opinions, it’s crucial for employers to manage these issues to maintain a productive work environment. They explore the importance of respectful discourse, the need for clear policies, and how leaders should navigate sensitive situations without causing disruptions. Learn how to balance freedom of expression with operational efficiency in this insightful discussion.
February 17, 2026
Labor and Employment
Valentine's Day Insights on Office Romance
In this Valentine's Day special of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the complexities and legal implications of workplace relationships. They reference a recent Forbes survey revealing that a significant percentage of employees who date or marry colleagues, which can lead to various challenges for employers. The episode talks about potential legal concerns such as harassment, discrimination, retaliation, and favoritism. To address these issues, implementing clear anti-discrimination, anti-harassment, and anti-retaliation policy would be beneficial, as well as handling supervisory relationships with caution. Flexibility and a focus on impact are recommended for effectively managing workplace romances.
February 10, 2026
Labor and Employment
Strategies for Business Resilience in Weather Crises
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss how businesses can handle weather-related interruptions. From snowstorms to hurricanes, they explore the importance of being prepared, having a flexible plan, and considering both operational continuity and employee safety. Key topics include remote work protocols, handling compensation for exempt and non-exempt employees, and maintaining a positive work culture during disruptive weather events.
February 3, 2026
Labor and Employment
Investing in Employees Amidst 2026 Legal Changes
Join Sarah Sawyer and Russell Berger from Offit Kurman as they kick off 2026 by discussing newly enacted labor laws, upcoming legislative sessions, and emerging trends. This episode focuses on the 'TRAP' laws seen in states like California and New York, which target post-employment training reimbursement obligations. They explore alternatives for employers to invest in their employees within the evolving legal landscape and emphasize the importance of adapting to state-specific regulations.
January 27, 2026
Labor and Employment
Effective Management During Employee Leave
In this week's episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss effective strategies for managing employees who are on leave, such as FMLA or sick leave. They cover important considerations for companies, including how to manage performance proactively, the importance of documentation, and navigating potential risks of retaliation claims. The episode emphasizes the significance of consistent management and following processes to mitigate risks and ensure smooth operations.
January 20, 2026
Labor and Employment
Foundations of Effective Succession Planning
Join Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the critical topic of succession planning in this week's episode of OK at Work. Learn about the importance of standard operating procedures, timing, formalization, and seamless transitions to ensure business continuity when leaders or managers retire or move on. Discover how having a clear roadmap, well-timed exit strategies, and collaborative handovers can help your organization maintain stability and capitalize on new opportunities.
January 13, 2026
Labor and Employment
Adapting to the Evolving Marijuana Legislation
In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss the recent federal reclassification of marijuana and what it means for employers. They explore how these changes impact business policies, particularly in states where marijuana is legal for medical or recreational use. The conversation explores the differences in handling marijuana compared to other substances like alcohol and prescription drugs, and addresses the complexities of navigating state and federal regulations.
January 6, 2026
Labor and Employment
Incentivizing Employees with Phantom Equity
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the concept of phantom equity and its role in incentive compensation. As year-end approaches, businesses evaluate bonuses and future incentives. Phantom equity, a form of compensation for executive-level employees, operates like actual equity without involving ownership or entanglements. It serves as a mechanism to align company and individual goals, especially during events like a business sale, by promising bonuses based on hypothetical ownership stakes. Ideal for fostering an ownership mindset without the complexities of real equity, phantom equity offers a flexible and strategic incentive option.
December 16, 2025
Labor and Employment
Navigating Workplace Investigations and Follow-Ups
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the crucial steps employers need to take after concluding a workplace investigation. They explore practical and legal considerations when addressing findings of misconduct, retaliation, or policy violations, including remediation for affected employees and disciplinary actions. The conversation emphasizes the importance of acting on investigation results to manage risk and maintain a healthy work environment.
December 9, 2025
Labor and Employment
Balancing Fun and Professionalism at Holiday Parties
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the key considerations for employers during the holiday season. They emphasize that while holiday parties are a great time for employees to celebrate and have fun, they remain work events where workplace rules and behavioral standards still apply. They share practical tips on planning and executing these events to ensure a balanced, enjoyable, and professional environment. Tune in for valuable advice on managing holiday get-togethers while maintaining a positive and respectful workplace culture.
December 2, 2025
Labor and Employment
End-of-Year Policy and Training Checkup
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of reviewing company policies and procedures as the year closes. With a focus on ensuring compliance and refreshing employee training, they emphasize the need for harassment and cybersecurity training, especially as flu season and holiday gatherings can lead to increased absenteeism and germ spread. Ensuring all employees are informed about current policies and best practices is crucial for a smooth transition into the new year.
November 25, 2025
Labor and Employment
Crafting Motivational Bonus Plans
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of thoughtfully structured bonus plans for employees and executives. The discussion covers the goals behind bonus plans, such as motivation and retention, and emphasizes the importance of aligning these plans with organizational objectives for 2026. They highlight the need for clear and effective communication to avoid legal risks and ensure that employees are properly incentivized. As the end of the year approaches, they encourage employers to reassess and potentially update their compensation plans to support their strategic goals for the coming year.
November 18, 2025
Labor and Employment
Defining Roles and Responsibilities within an Organization
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of clear organizational structures and effective board governance. They highlight the need for well-defined roles and responsibilities within an organization, the significance of precise legal documents, and proactive policies and procedures. By addressing these elements, organizations, whether large or small, can avoid operational chaos and make agile, confident decisions. The conversation also touches on the importance of periodically reviewing and adapting these structures as businesses evolve.
November 11, 2025
Labor and Employment
How to Plan Ahead with Employment Agreements
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss executive level compensation and employment agreements. They explain the significance of these agreements for both executives and companies, particularly in scenarios involving business marketability, sales, and investor interactions. Key considerations include restrictive covenants, non-competes, and intellectual property protection. They also emphasize the importance of planning these agreements well in advance of major business transitions.
November 4, 2025
Labor and Employment
AI's Impact on Professional Practices
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the implications of using AI tools like ChatGPT in the workplace. They explore the benefits and risks, emphasizing the importance of understanding legal boundaries and the potential loss of privileged information. They also highlight the need for professional guidance in leveraging AI effectively, comparing it to the necessity of technical expertise in various fields.
October 28, 2025
Labor and Employment
Insights into Best Pre-Litigation Negotiation Practices
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this episode of OK at Work as they discuss the intricacies of pre-litigation negotiations. Learn about the critical steps, strategies, and mindsets necessary for successfully resolving conflicts before escalating to litigation. Whether you're used to the negotiation process or new to it, this discussion will provide valuable insights into creating leverage, understanding your position, and anticipating the moves of the opposing party. Be prepared for a thorough and practical look at achieving resolutions that work for all parties involved.
October 21, 2025
Labor and Employment
Managing Workforce Challenges During Shutdowns
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss preparing for economic uncertainty during government shutdowns. Learn critical insights for employers on managing workforce issues, ensuring cash flow for wages, and making strategic decisions during times of market and governmental volatility. This episode focuses on practical advice for business owners to navigate employment challenges, furloughs, and maintaining a non-discriminatory approach in workforce changes.
October 14, 2025
Labor and Employment
How to Handle Employee Misconduct When It Impacts Your Business
Join Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, in this week's episode of OK at Work, as they discuss the challenges employers face when employees engage in misconduct that harms the business. Learn about the legal options available for dealing with issues ranging from negligence and embezzlement to reputational harm. Sarah and Russell provide insights on insurance coverage, employment actions, and proactive measures employers can take to mitigate ongoing damage caused by rogue employees.
September 23, 2025
Labor and Employment
Partnering for Business Success
In this week's episode of OK at Work, hosts Sarah Sawyer and Russell Berger from Offit Kurman discuss the details and crucial considerations when forming business partnerships or joint ventures. They explore the importance of alignment in vision and goals, the necessity of structured agreements, and the potential challenges that may arise over time. Tune in to understand how to evaluate the value of a business relationship, the importance of planning for future changes, and key self-assessment questions to consider before taking on a partner.
September 16, 2025
Labor and Employment
Could Your Business Be a Joint Employer Without Knowing It?
In this week’s OK at Work, attorneys Sarah Sawyer and Russell Berger discuss the concept of joint employment and its implications for businesses. Learn when joint employment applies, the risks involved, and practical steps employers can take to avoid unexpected liabilities.
September 9, 2025
Labor and Employment
Protect Yourself and Your Business with Indemnification Understanding
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss indemnification clauses in contracts. They explain what indemnification means, its implications, and the importance of carefully reviewing and customizing these clauses in various contexts such as employment, mergers, and acquisitions. Learn why these often-overlooked boilerplate sections in a contract could be key to understanding potential liabilities and protecting yourself in business dealings.
August 26, 2025
Labor and Employment
Strengthening Your Hiring Process
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this week's episode of OK at Work as they discuss essential recruiting and hiring practices. Learn about the importance of having a structured process to ensure compliance with state laws and avoid discriminatory practices. Discover key considerations for job postings, proper candidate classification, and conducting fair and equitable interviews. This episode emphasizes the critical role of maintaining a consistent, legally sound hiring process.
August 12, 2025
Labor and Employment
Non-Disparagement Tips for Employers
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of non-disparagement clauses in separation agreements. They explain the difference between disparagement and defamation and emphasize the importance of careful drafting to ensure enforceability. The conversation includes practical considerations on maintaining positive communication, protection from damaging opinions, and the necessity of a structured messaging plan when employees depart.
August 5, 2025
Labor and Employment
Maryland's Sales Tax on IT and Data Services
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the newly implemented sales tax on IT and data services in Maryland. They explore the implications for business owners in the IT sector, detailing the need for registration, tax collection, and the nuanced questions that arise from the new legislation. Understand how this 3% tax could impact pricing models, long-term contracts, and interstate business competition. Stay informed on how to navigate this significant change that was effective on July 1st.
July 22, 2025
Labor and Employment
Understanding the New Overtime Tax Policies in the Big Beautiful Bill
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger break down the recently passed 'big, beautiful bill' and its implications for employers and employees regarding new tax policies on overtime wages. They discuss the tax breaks available under the FLSA, the changes in reporting requirements for W2 forms, potential challenges for employers, and how these changes might affect overtime work incentives. Tune in to find out how to manage these new regulations efficiently.
July 15, 2025
Labor and Employment
Essential Steps to Sell Your Business
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the essential steps business owners need to take to prepare for selling their business. Topics include ensuring your business operations are in order, securing intellectual property, compliance with employment laws, and developing a tax strategy. Learn the importance of early preparation and detailed due diligence to position your business for a successful sale.
July 8, 2025
Labor and Employment
Handling References and Referrals While Safeguarding Your Business
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger discuss important considerations for employers regarding employee references and referrals. Businesses need a centralized response system and a standardized policy for neutral references. Learn what the potential legal risks are associated with offering detailed evaluations. They also touch on how to handle references in severance agreements and the importance of remaining neutral to avoid complications. Join Sarah and Russell as they go over how to practically handle reference requests effectively and safely.
June 10, 2025
Labor and Employment
Your Guide to Dealing with Subpoenas Effectively
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman delve into the topic of subpoenas. They discuss what a subpoena is, who can receive one, and the proper steps to take when served. The episode highlights the importance of addressing subpoenas promptly, understanding what documents and testimonies are required, and the potential risks involved. They also explain the differences between being served with a subpoena vs. a lawsuit, and the significance of being prepared and precise when testifying under oath. This informative session is essential for anyone looking to navigate the complexities of legal subpoenas effectively.
June 3, 2025
Labor and Employment
Safeguarding Your Business Data
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of protecting sensitive business information such as client lists and proprietary data. Using the 'everlasting gobstopper' from Willy Wonka as a metaphor, they emphasize the need for businesses to treat their confidential information as trade secrets by implementing robust security measures. The discussion covers strategies like setting up IT alerts to monitor data access, ensuring appropriate storage practices, and understanding the functionality of monitoring technologies. Tune in for practical guidance on safeguarding your business's valuable information.
May 27, 2025
Labor and Employment
Strategies for Business Resilience in Uncertain Times
In this week's episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss the impact of current economic uncertainty on business transactions. They share insights on how businesses can protect themselves, with a focus on tightening contracts, securing interests, and creative financing strategies. Whether you’re buying or selling a business, this episode offers practical advice on minimizing risk and making informed decisions in a volatile market.
May 20, 2025
Labor and Employment
Navigating Contractor vs. Employee Classification
In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman delve into the intricate and often confusing topic of independent contractor classification. They discuss the various tests and criteria used at both federal and state levels, including IRS, unemployment, workers' compensation, and FLSA wage laws. The episode highlights recent updates from the Trump administration, which have reverted back to previous Department of Labor guidelines, contrasting with the changes made during the Biden administration. The hosts emphasize the importance of a thorough and thoughtful analysis when classifying individuals as independent contractors to ensure compliance with the law. Tune in to understand the complexities and avoid the pitfalls of misclassification.
May 13, 2025
Labor and Employment
The Changing Landscape of EEOC Enforcement and Disparate Impact
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the concept of disparate impact, its relevance under Title VII, and how this executive order changes EEOC's enforcement practices. The discussion clarifies that while the law remains intact, enforcement priorities may shift, and underscores the importance for employers to remain aware and compliant with both federal and state laws regarding discrimination.
May 6, 2025
Labor and Employment
Ensuring Success with Executive Agreements
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of executive employment agreements for key employees such as CEOs, CFOs, and COOs. They cover why these agreements are crucial, what organizations should consider, and the balance of protecting business interests while offering incentives to top executives. Tune in to learn about bonus structures, equity incentives, severance terms, and strategies to ensure smooth transitions and set a solid foundation for impactful leadership.
April 29, 2025
Labor and Employment
Legal and Practical Considerations of Adapting Employment Contracts
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman explore the essential aspects of employment agreements. They discuss the importance of these agreements both at the beginning of an employment relationship and throughout its duration. The conversation includes considerations for at-will employment, the impact of state laws, and the practical and legal nuances of updating employment terms. Employers are urged to stay adaptable and thoughtful about their employment agreements, especially when circumstances change, such as promotions or policy updates. Join Sarah and Russell as they provide valuable insights on how to effectively manage employment agreements in your business.
April 22, 2025
Labor and Employment
Essentials for Balancing Taxes and Legal Risk
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the essentials for balancing taxes and legal risk. They explore how tax considerations play a critical role in various legal contexts, including business setups, settlements, lawsuits, and ownership changes. The conversation emphasizes the importance of consulting with accountants and tax attorneys to ensure compliance and make informed decisions. Discover strategies for integrating tax planning into your legal and business frameworks to mitigate risks and optimize outcomes.
April 15, 2025
Labor and Employment
The Power of Lawyer Letters
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this week's episode of OK at Work as they delve into the topic of pre-litigation letters. They explore the different types of lawyer letters, such as demand letters and cease and desist letters, and discuss how these letters can be strategic tools to resolve conflicts before heading to court. Learn about the nuances, purposes, and potential impacts of sending such letters and why they might be a valuable step in mitigating disputes.
April 8, 2025
Labor and Employment
Crafting Effective Performance Improvement Plans
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the essential role of documentation in progressive discipline and performance plans for employees. Learn the steps involved in creating effective performance plans, how to tailor documentation to specific issues, and how proper documentation aids in both legal protection and improving employee performance. Understand the importance of communication tools and strategies to guide employees towards success or manage them out when necessary.
April 1, 2025
Labor and Employment
Keeping Up with Exemption Threshold Regulations
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman on this week's episode of OK at Work as they delve into the intricacies of the salary basis test for overtime exemptions under the FLSA. They discuss the current federal requirements, clarify the confusion around recent changes and litigation, and offer insights on how to navigate this evolving legal landscape. Learn about the current salary threshold, potential steps for compliance, and the limitations of relying on online information for legal guidance.
March 25, 2025
Labor and Employment
Staying Ahead with Federal Government's Impact on Business
Join Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, as they discuss the significant impact of recent federal government changes on businesses, especially those engaging in government contracts and federal purchasing. They explore potential economic effects, the importance of adapting business strategies, and the likelihood of contract disputes arising from rapid executive orders. Tune in for key insights to help business owners stay prepared and responsive in a rapidly evolving landscape.
March 18, 2025
Labor and Employment
Building and Exiting Business Partnerships
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the dynamics of business relationships. In this episode of OK at Work, they explore the importance of proactive planning in partnerships, the challenges of business 'divorces,' and the necessity of clear roles and exit strategies to help businesses thrive even when conflicts arise.
March 11, 2025
Labor and Employment
The Litigation Landscape Explained
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman delve into the complexities of business litigation. They discuss various types of litigation that business owners might face, such as commercial arbitration, class actions, and equitable relief. The conversation highlights the importance of strategic planning, understanding different litigation forums, and early professional engagement to navigate the legal landscape effectively. Whether you're looking to avoid litigation or find efficient recovery paths, this episode offers valuable insights for business owners.
March 4, 2025
Labor and Employment
Exploring Paid Family Leave in Maryland for Employers
Join Sarah Sawyer, Russell Berger, and guest Ben Bohonowicz as they discuss the current status and implications of Maryland's Paid Family and Medical Leave Act. Originally set for implementation in 2025, recent updates have delayed the program. Ben, the Senior Vice President, Division Director of Employee Benefits at RCM&D, provides insights on the act's impact on employers, the necessity for coordination with existing benefits, and how employers can prepare for future changes. Tune in to learn about the intricacies of paid leave programs and what employers need to know to stay compliant and competitive.
February 25, 2025
Labor and Employment
Recruitment in a Changing Federal Landscape
In this week's episode of OK at Work, Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss the recruitment of new hires in light of recent changes in federal government employment under the new presidential administration. The discussion includes strategies for attracting experienced federal workers affected by job terminations, layoffs, or changes in remote work policies. Given the unique impact on the DMV area, the conversation highlights the potential for private sector employers to create stable, flexible, and appealing work environments to attract these talented individuals. They also explore the added value these seasoned professionals could bring to private organizations.
February 18, 2025
Labor and Employment
Preparing Employers for ICE Enforcement
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the recent surge in ICE enforcement actions and changes in immigration policy under the Trump administration. They provide crucial advice for employers on how to handle ICE inspections and deportation warrants, emphasizing the importance of I-9 compliance and the option of using E-Verify. Tune in to stay informed and ensure your business is prepared.
February 11, 2025
Labor and Employment
Successful Strategies for Employee Transitions
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss essential strategies for managing employee transitions. As the new year prompts organizational changes, they offer guidance on planning restructures, handling terminations, and ensuring stability. Learn how to navigate these changes effectively for a smoother workflow.
February 4, 2025
Labor and Employment
Adapting to Changes in a New Presidential Era
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the legal implications following the recent inauguration. They break down the roles of various branches of government, the impact of executive orders, and what businesses should consider amidst the barrage of headlines. Emphasizing caution over reactionary measures, they advise companies to analyze laws and understand the positions of federal agencies and courts before making decisions. Additionally, they highlight the importance of considering state laws and staying informed about changes in agency priorities.
January 28, 2025
