OK at Work: The Department of Labor's 2024 Classification Ruling
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the Department of Labor's (DOL) 2024 final rule for classifying workers as employees or independent contractors under the Fair Labor Standards Act (FLSA). This new rule rescinds the 2021 rule, which emphasized examination of a company's control over the work and the worker's opportunity for profit or loss when assessing whether a worker is an employee or contractor. Under the new rule, the DOL returns to a collective analysis of several factors, including the previously emphasized factors but also including factors like the permeance of the working relationship between the worker and the company, whether the work performed is an integral part of the company's business, and the specialized skills needed to perform the role. Listen to learn more!
January 23, 2024
OK at Work: Review Season – Compensations and Your Business’s Objectives
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss comp review season and strategies employers should consider in evaluating compensation and communicating with employees. Employers should make sure that incentive compensation is aligned with the business's strategic objectives. Of course, in Maryland, these adjustments must be considered along with the increase to a $15/hour minimum wage. Listen to learn more!
January 16, 2024
OK at Work: Using Reimbursement Provisions with Employees
On this week's OK at Work, Sarah Sawyer and Russell Berger address the benefits and risks associated with employers using reimbursement provisions with employees. While employers generally have some ability to require employees to reimburse certain expenses if they choose to leave, there are limits on how enforceable these provisions are currently that we expect may be further challenged in the future. Listen to learn more!
January 9, 2024
OK at Work: Intermittent FMLA Leave
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the challenges associated with helping employees to realize the full benefit of parental leave. A key strategy is the discretionary use of at least some intermittent leave. Listen to learn more!
January 2, 2024
OK at Work: The Challenges of Work-Sponsored Holiday Parties
On this week’s OK at Work, Sarah Sawyer and Russell Berger once again discuss the challenges of work-sponsored holiday parties. While such parties are important for office culture and team building, it is important to remember that certain workplace rules still apply, and employees should behave accordingly. Listen to learn more!
December 19, 2023
OK at Work: Contacting Employees on a Protected Leave
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss best practices related to reaching out to employees when they are on a protected leave, such as FMLA. While not all contact would constitute impermissible interference, employers should understand the applicable rules and assess whether reaching out to an employee on leave violates the law before making the outreach. Listen to learn more!
December 12, 2023
OK at Work: New York City's Regulation of Generative AI
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss New York City's regulation of generative AI in the context of employment decision-making and the obligation it places on employers that utilize these tools. In addition to this specific regulation, there are a number of laws that prohibit discrimination in the workplace that should cause employers to think about how they "manage" their AI. Listen to learn more!
November 28, 2023
OK at Work: Taking a Proactive Approach to Accommodation Requests
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss accommodation requests, the length of such accommodations, and the timing of a return to work. These challenges should not be considered in a vacuum. Instead, an employer should take a proactive approach to getting answers and engaging in the interactive process with the employee to develop a compliant plan. Listen to learn more!
November 22, 2023
OK at Work: Calculating Proper Overtime Rates
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the challenges of calculating proper overtime rates when a non-exempt employee is compensated on a piece rate or a day rate. Paying 1.5 times the minimum wage is not necessarily the right answer and employers should take care to understand the nuances of the required calculations. Listen to learn more!
November 14, 2023
OK at Work: The Risks of Informal or Verbal Contracts
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the risks of entering into informal or verbal contracts. While a written contract drafted by counsel may look like a bunch of legal mumbo jumbo, formal and comprehensive contracts ensure the parties are on the same page and provide a road map for their business dealings. Entering into a written contract is also a vital step in memorializing verbal agreements and preventing inadvertent spoken alterations to an arrangement between two parties. Listen to learn more!
November 7, 2023
OK at Work: Challenges Employees Face Following Workers’ Comp Leave
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the myriad of challenges that employers may face when an injured employee returns to work following a workers’ comp leave. Employers should know that workers comp does not obviate the need to comply with other employment laws such as the ADA and should develop processes and procedures that serve all needs. Listen to learn more!
October 26, 2023
OK at Work: Implementing Family and Medical Leave Insurance in Maryland
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the latest developments in Maryland's path to implementing Family and Medical Leave Insurance. Though this program will not require contributions until late 2024 and won't be available as an employee benefit until 2026, the state recently announced that contributions will be 0.90% of capped wages and that employers with at least 15 employees will be required for funding half this amount; the other half will be employee funded. Listen to learn more!
October 17, 2023
OK at Work: EEOC’s Newest Guidance on Workplace Harassment
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the latest proposed guidance from the Equal Employment Opportunity Commission ("EEOC") on workplace harassment. This guidance is the first update to workplace harassment guidance in nearly 25 years. It aims to address recent societal events, such as the #MeToo movement and changes in the American workforce. If adopted, this guidance will provide employers with an enforcement roadmap, allowing employers to better understand the EEOC's thinking on these matters. Listen to learn more!
October 10, 2023
OK at Work: Challenges of Being a Multi-Jurisdictional Employer
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the challenge of an individual employee working in multiple jurisdictions. In addition to the challenge of being a multi-jurisdictional employer, individual employees that frequently cross state lines create the additional challenge for employers of determining which state laws apply - and it could be more than one. Employers should be aware of this issue and prepared to tackle this analysis. Listen to learn more!
October 3, 2023
OK at Work: Religious Accommodations in the Workplace
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss an employer’s obligations to provide religious accommodations to its employees. From determining whether an employee has a sincerely held religious belief to assessing whether a potential accommodation creates an undue hardship, employers need to treat such requests carefully to ensure compliance. Listen to learn more!
September 26, 2023
OK at Work: How Businesses Can Avoid Lengthy and Expensive Legal Battles
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss proactive strategies for avoiding lengthy and expensive legal battles and what businesses should consider before filing suit. When pursuing a lawsuit, whether you have a winnable case is only one of many considerations. It is also important to assess things like collectability and the potential for counterclaims. Listen to learn more!
September 19, 2023
OK at Work: Department of Labor’s Increased Salary Threshold Proposal
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the Department of Labor’s proposed increases to the standard salary level for exempt-white collar exemptions and the total annual compensation requirements for the “highly compensated employee.” If enacted, these changes would impact a significant number of employees nationwide. Listen to learn more about these potential impacts and what employers should consider based on these proposed changes.
September 12, 2023
OK at Work: How to Set Your Business Up for Success
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the top things employers should consider when starting a business and first hiring employees. Employers need to implement best practices from the start to avoid legal pitfalls and set themselves up for future growth. Listen to learn more!
September 5, 2023
OK at Work: Benefits of Exit and Stay Interviews
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the benefits of effective exit and stay interviews. These interviews can unearth unresolved issues within a company’s workforce and help it better understand the needs and effectiveness of employees. The methodology employers use and what they do with the information is just as important as conducting them. Listen to learn more!
August 29, 2023
OK at Work: The Rights and Limitations of Employers Regulating Online Content
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss Elon Musk’s promise to cover the legal fees for people who are “treated unfairly” as a result of their posts on X (formerly Twitter) and how this is a good reminder that employers have certain rights and limitations in how they regulate employees’ online conduct. Employers should make sure to periodically update their social media policies to ensure compliance with the law and that the right policy messages are sent to employees. By doing so, employers should be in a position of strength if an employee, whether or not sponsored by Elon Musk, raises a challenge. Listen to learn more!
August 15, 2023
OK at Work: The Benefits of Corporate Documents
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the advantages that business owners can obtain when they use their corporate documents to plan for certain issues that are likely to arise. This is especially true for matters related to the relationship between co-owners, particularly when it comes to exiting the company. Listen to learn more!
August 8, 2023
OK at Work: Challenges Employers Face Parental Leave
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss common challenges employers face regarding parental leave. With more ability to work remotely and an increase in robust state leave laws, it is vital for companies who haven’t revisited their policies in a while to review their policies and ensure they are compliant. This is especially true for employers with limited “maternity leave” policies. Listen to learn more!
August 1, 2023
OK at Work: Who Owns Employee Content?
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss what employers must consider when employees use social media for business purposes. When encouraging employees to post work product, connect with business contacts, and promote the company online, employers need to have a clear plan for ownership of the posts and connections and dissociating with the employee if they leave their employment. It is also important for employers to have a well-thought-out social media plan. Listen to learn more!
July 25, 2023
OK at Work: Canadian Court’s Ruling on Emojis
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss what constitutes contract acceptance. In a recent case in Canada, a Canadian court found that an individual’s use of a thumbs-up emoji in response to receiving a contract constituted his acceptance of the terms of the agreement. While the party that used the emoji argued that the thumbs-up emoji merely confirmed receipt of the contract terms, the court found, among other things, that this type of acceptance is the “new reality in Canadian society.” Listen to learn more. ?
July 18, 2023
OK at Work: Maryland’s Enforceability of Non-Compete Agreements
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss how Maryland has modified the enforceability of non-compete agreements. Given the increase to minimum wage, Maryland has increased the base level of earnings an employee must receive before they can be subject to an otherwise valid and enforceable non-compete. Employers should be mindful of this change as they seek to restrict employees and should also be mindful of additional options. Listen to learn more.
July 11, 2023
OK at Work: The Lawyer Letter
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the dreaded lawyer letter. While some may think that there is a one size fits all approach, the reality is that clients and their lawyers should be strategic in determining when and how to push another party to action. In this episode, we dive deeper into the types of strategic considerations at play. Listen to learn more.
June 28, 2023
OK at Work: As Legalized Gambling Becomes More Accessible, Here’s What Employers Should Know
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the potential challenges employers may face as legalized gambling becomes more prevalent. While businesses should always maintain sufficient controls over their accounting and finance practices, the legalization of online gambling in many states should prompt employers to revisit their processes. In addition, employers should be mindful of the potential impact on employees. Listen to learn more.
June 20, 2023
OK at Work: Overly Broad Non-Competes Agreements
Non-competes are making news headlines again after National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memo opining that overly broad non-compete agreements violate the National Labor Relations Act (NLRA) because they interfere with opportunities for employees to get new jobs. On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the NLRB's memo and what it means for employers. Listen to learn more.
June 13, 2023
OK at Work: Terms of a Successful Employment Agreement
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss executive employment agreements and how businesses can utilize these contracts to attract top talent and incentivize performance. These agreements can also be utilized to protect the business as well, both in the present and in the future. Employers should thoughtfully construct terms to ensure that all of these key business objectives are served. Listen to learn more.
June 6, 2023
OK at Work: Developing Policies Around Generative AI
As technology revolutionizes the corporate world, artificial intelligence (AI) is rapidly becoming ubiquitous in daily office operations. Generative AI, in particular, allows businesses to streamline their processes, from automatic report generation to predictive analytics. However, adopting generative AI also comes with potential concerns, especially regarding how employees use it to perform their essential tasks. On this week's OK at Work, Sarah Sawyer and Russell Berger discuss what employers should consider and the importance of developing policies governing the use of AI in the workplace. Listen to learn more.
May 30, 2023
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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.
