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
OK at Work: Discrimination in Various Forms
Discrimination can come in different forms, and often, it's not just about skin color, gender, or religion. Height and weight discrimination is receiving attention in New York City, where the City Council has passed a bill prohibiting such workplace discrimination. On this week's OK at Work, Sarah Sawyer and Russell Berger take a closer look at the passing of this bill and what it means for business owners in New York City and potential future ramifications elsewhere.
May 23, 2023
OK at Work: Best Practices for Conducting Interviews
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss best practices for conducting interviews. While there are clear topics to avoid in the interviewing process (such as questions that explore an applicant's status in a protected class), there are many proactive strategies that employers can utilize to help identify the right person for the job - minimizing downstream risk and promoting growth. Listen to learn more.
May 16, 2023
OK at Work: Prepare for Workplace Violence as an Employer
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss threats of workplace violence and steps employers can take to mitigate risk. Employers should develop a plan and training for emergency situations and should also enforce zero-tolerance policies. Listen to learn more.
May 9, 2023
OK at Work: Maryland’s Recreational Use of Cannabis Relating to Your Business
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the challenges that employers in Maryland may face as the recreational use of cannabis becomes permitted on July 1. In the face of this changing landscape (as well as the current labor market), employers should reevaluate their testing protocols and should also ensure managers know how to manage problematic behavior in the workplace. Listen to learn more.
May 2, 2023
OK at Work: Strategies for Business Owners to Increase Minimum Wage
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the strategies that business owners may seek to employ in response to Maryland accelerating its path to a $15 per hour minimum wage. Now that the minimum wage will jump to $15 per hour for both large and small businesses on January 1, 2024, employers should begin planning for this increase now. Listen to learn more.
April 25, 2023
OK at Work: Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss federal and local requirements to provide nursing parents lactation breaks. On December 29, 2022, President Joe Biden signed the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act into law. The Act, among other things, extends previous protections under the FLSA governing lactation breaks and private spaces to pump. Listen to learn more!
April 18, 2023
OK at Work: At Will Employment vs. Term Employment
On this week’s OK at Work, Sarah Sawyer and Russell Berger detail the distinctions between at-will employment and term employment. Notably, at-will employment provides greater flexibility to all parties involved and term employment provides greater security to the employee. While at-will employment is far more common, employers should be careful not to accidentally convert at-will to term employment, as that can lead to problems down the road. Listen to learn more.
April 12, 2023
OK at Work: Tax Season is Here, Time to Assess Your Employee’s Classification
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the differences between W2 employees and 1099 contractors. Now is a good time of year for businesses to assess whether the individuals they are issuing 1099s are properly classified as contractors, not employees. Listen to learn more.
April 4, 2023
OK at Work: Artificial Intelligence Increases Legal Exposure
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss Artificial Intelligence (AI) in the workplace. While AI can be a helpful tool for employers, especially during the hiring process, it can create increased legal exposure if not properly monitored. If AI engages in discrimination or produces results that create disparate impact or treatment, employers cannot blame AI and may be liable. Listen to learn more.
March 28, 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.
