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
Guide to Maryland's New Data Privacy Laws for Business Owners
Join Sarah Sawyer and Russell Berger as they discuss Maryland's new online data privacy laws with guest Stephenie Yeung. Discover the key aspects of the Maryland Online Data Privacy Act, its implications for business owners, and essential steps to compliance. Learn about data minimization, sensitive data regulations, and the importance of updating internal policies and third-party agreements.
October 7, 2025
The Art of the Cease and Desist
In this week's episode of OK at Work, Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss the intricacies of cease and desist letters. They delve into when and why these letters are used, the practical realities of deploying them, and the importance of a case-specific analysis. The conversation highlights the strategic considerations necessary before sending a cease and desist letter, such as whether it will stop the unwanted behavior or potentially escalate the situation. They also discuss the timing and potential consequences of such actions, emphasizing the need for a thoughtful approach to achieve desired outcomes.
September 30, 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
Building a Team of Trusted Advisors
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this week's episode of OK at Work as they discuss the critical role of trusted professionals for business owners. They emphasize the significance of forming a comprehensive team of advisors—legal, accounting, tax, banking, and insurance—to provide well-rounded, strategic advice. Russell highlights the need for alignment and thorough understanding of a business’s goals by advisors, while Sarah underscores the importance of open communication to ensure advisors can offer the best guidance. Learn how to build effective professional relationships to benefit your business.
September 2, 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
How to Balance Diverse Views in the Office
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the challenges surrounding workplace communications on controversial topics. They explore the impact of such conversations on productivity and the importance of balancing employee freedom with maintaining a conducive work environment. They also provide insights into navigating anti-discrimination and anti-harassment laws while creating policies to manage discussions that may cause discomfort among employees.
August 19, 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
The Journey of Litigation
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss various aspects of litigation. They highlight that most litigation cases don't go to trial, benefiting both courts and taxpayers. The conversation covers critical exit points in civil litigation, such as motions to dismiss and summary judgments, which can resolve cases before reaching trial. They also touch on the role of settlements and the complexities involved in the litigation process.
July 29, 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
Crafting Effective Flexible Leave Policies for Employers
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of flexible leave policies, often mistakenly referred to as unlimited PTO. They explore the critical distinctions between terms like 'unlimited' and 'flexible,' the challenges in managing such policies, and the necessity of clear boundaries and approval processes. The conversation also covers the interaction between flexible leave and other types of protected leave, such as FMLA, emphasizing the importance of well-structured policies to ensure both employee respect and employer control. Join the discussion to gain insights into effectively implementing flexible leave policies in your organization.
June 17, 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
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Vlog Overview
OK at Work, hosted by Offit Kurman attorneys Russell Berger and Sarah Sawyer, is a weekly video series that discusses current events and legal issues impacting business owners. From updates on the ever-changing employment law landscape to the risks and benefits of integrating AI into your workplace, subscribe to stay up-to-date on issues and events that may impact you and your business.
Disclaimer
The content presented in this video series is for general understanding and informational purposes only and is not intended to provide legal advice, nor should it be construed as legal advice. The information provided is based on general legal principles and may not reflect the current state of the law or specific details of your case. Laws vary by jurisdiction, and legal outcomes can be highly dependent on the specific facts and circumstances involved. Listening to or using this video series does not create an attorney-client relationship between the hosts, guests, or participants and any listener. It is your responsibility to seek professional legal advice for your specific situation from a licensed professional attorney in your state.
