OK at Work

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

2026 Legal Forecast on AI and Regulations

In the last OK at Work episode of 2025, Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss the upcoming legal challenges and trends for 2026. Focusing on the evolving impact of artificial intelligence (AI) and generative AI, they explore its implications across various legal areas, including privacy, employment law, and state regulations. They predict a significant focus on AI legislation at both state and federal levels and share insights on how business owners can navigate these emerging legal landscapes.

December 30, 2025

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