OK at Work: Raising the Base Hourly Wage for Restaurant Servers
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss a proposed bill in Maryland that could raise the base hourly wage of restaurant servers from $3.63 per hour, plus tips, to $15.00 per hour, plus tips. If passed, this law would significantly change the business model for restaurateurs, impacting both restaurant employees and consumers. Listen to learn more.
March 21, 2023
OK at Work: Does your Severance Agreement Violate the National Labor Relations Act?
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the NLRB's recent decision finding that an employer's use of non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act. Though there are some limits, this is a substantial shift in the law and all employers should reevaluate how they approach severance agreements. Listen to learn more.
March 14, 2023
OK at Work: Fair Labor Standards Act and the Exemptions
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the Fair Labor Standards Act, its exemptions, and the Supreme Court's recent ruling in a case involving the highly compensated exemption. While many employers focus on the job duties test when determining exempt status, the recent Supreme Court decision is a good reminder that, with respect to many exemptions, employers also need to comply with the technical requirements of the salary basis test. Listen to learn more.
March 7, 2023
OK at Work: A Four-day Work Week?
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss Maryland's pending legislative proposal for a credit to certain employers that adopt a four-day work week but continue to pay their employees their five-day pay. While this proposal may leave something to be desired, it is a good reminder for employers to consider hybrid and alternative work arrangements that may increase retention and employee engagement. Listen to learn more.
March 1, 2023
OK at Work: How to Handle Leave Requests under FMLA and ADA
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss what employers need to consider when processing leave requests under the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Employers should have standard policies and procedures to process these requests so they can act quickly. Well-drafted forms and a well-thought-out process can go a long way to mitigate risk, ensure compliance, and prevent unnecessary delays that can harm a company's operations. Listen to learn more.
February 21, 2023
OK at Work: What You Should Do in a Business Crisis
Business emergencies rarely come at a convenient time and can be scary and time-consuming. Getting counsel and other experts involved in assessing and addressing the issues at hand is the key to recovering quickly and limiting the damage. On this week's OK at Work, Sarah Sawyer and Russell Berger discuss how companies can best utilize their subject matter experts in a crisis. Listen to learn more.
February 14, 2023
OK at Work: Preparing to Sell or Buy a Business
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss what employers should consider when preparing their business for sale or buying a business. Potential buyers will want to examine a company's employment practices as part of any transaction and look for certain agreements, like confidentiality and IP agreements with employees. Listen to learn more about preparing for a deal from an employment perspective.
February 10, 2023
OK at Work: Consequences of Misclassifying Employees
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the consequences of misclassifying non-exempt employees as exempt, especially when several employees share the same role. The costs for failing to pay overtime due to misclassification can add up fast, especially when misclassified workers can form a class and perpetuate a collective action lawsuit. Listen to learn more about the risks around misclassification and why employers should pay attention to this important topic.
January 31, 2023
OK at Work: Employers' Obligations to Prevent Sexual Harassment
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss employers' obligations to prevent sexual harassment in the workplace, whether that harassment comes from other employees, or third parties not employed by the company. Though it can be challenging for companies to take action when a key vendor or client is the source of unacceptable behavior, anti-harassment and anti-discrimination policies should apply to everyone, not just employees. Listen to learn more.
January 24, 2023
OK at Work: FTC to Ban Non-Competes?
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the Federal Trade Commission's proposed rule to ban non-competes nationwide. If implemented, the proposed rule would prohibit employers from including non-compete provisions in employment contracts and eliminate all existing non-competes. Listen to learn more.
January 17, 2023
OK at Work: Correct Strategies to Employ Workers
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss different strategies utilized by employers to formally employ workers when multiple entities are involved. Careful planning is necessary in these situations to ensure legal compliance as well as to maximize efficiency and benefits for the company. Listen to learn more.
January 10, 2023
OK at Work: What will the New Year Bring for Employers?
On this week's OK at Work, Sarah Sawyer and Russell Berger discuss what they predict 2023 will bring for employers. Amid potentially challenging economic conditions, employers can expect to find a silver lining in the form of a more favorable job market. Employers should also brace themselves for more regulation, though employers should have an easier time of navigating remote work. Listen to learn more.
January 3, 2023
OK at Work: Misclassification of Employees
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss common misclassification issues and misnomers. Chief among them: there is no such thing as a “1099 employee.” While individuals may ask a company to engage them as a contractor instead of an employee, they must qualify under a series of tests. Sarah and Russell also discuss issues related to the misclassification of employees as exempt from overtime. Listen to learn more!
December 20, 2022
OK at Work: When the Government Investigates
Investing in employee development can be a great retention tool for companies and lead to more productive and successful employees. This week on OK at Work, Sarah Sawyer and Russell Berger discuss government investigations into potential employment compliance issues. Formal investigations instituted against a company by any federal, state, or local government agency or authority, such as the EEOC or the DOL, can be intimidating. While employers do not always know an investigation is coming, when an employee raises an issue or informs an employer of their intent to report them for perceived noncompliance, employers should investigate.
December 13, 2022
OK at Work: Paying for Employee Development
Investing in employee development can be a great retention tool for companies and lead to more productive and successful employees. This week on OK at Work, Sarah Sawyer and Russell Berger discuss the costs and benefits of paying for education, training, and employee development and some ways to potentially mitigate the risks associated with paying for these benefits when an employee may leave promptly after the investment.
December 6, 2022
OK at Work: What is the WARN Act?
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the implications of the Federal WARN Act, which generally covers employers that employ 100 or more employees, and state equivalents, which tend to have lower qualification thresholds. When businesses are laying off a large number of employees or closing locations, they should consider whether they have any obligations under any WARN acts, which impose notification requirements. If a company needs to provide WARN notices, it could delay the company’s actions. Listen to learn more!
December 2, 2022
OK at Work: Happy 100th Episode!
This week on OK at Work, we celebrate our 100th episode! Given the holiday season and our own party, Sarah Sawyer and Russell Berger thought this would be the perfect time to discuss the goals and the management needed for holiday parties. Thanks for tuning in for 100 episodes – please join our party for more information on best practices at parties.
November 22, 2022
OK at Work: The Termination Conversation
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the often difficult termination conversation. While many employers try to avoid the uncomfortable aspects of termination messaging, Sarah and Russell discuss best practices for protecting the business and conveying accurate messaging, as well as being empathetic to the employee. Listen to learn more.
November 17, 2022
OK at Work: New York Pay Transparency Law
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the status of pay transparency laws as the New York pay transparency law takes effect. As of November 1st, employers with at least four workers who post a job that may be performed in New York City must include salary ranges. New York City is not the first and will not be the last to implement pay transparency laws, causing this new law to have broader market impacts outside the city. Listen to learn more about what employers, especially those casting wide nets when searching for candidates, should consider from a practical and legal standpoint.
November 8, 2022
OK at Work: Arbitration and Dispute Resolution
This week on OK at Work, Sarah Sawyer and Russell Berger discuss alternative dispute resolution. In this episode, Sarah and Russell focus on mediation, arbitration, the differences between the two, and the strategies for implementation. Specifically, business owners should be careful not to adopt a one size fits all approach and should customize their strategies around dispute resolution given the relative benefits and costs of the different approaches. Listen to learn more.
November 1, 2022
OK at Work: Workplace Investigations
This week on OK at Work, Sarah Sawyer and Russell Berger discuss workplace investigations. As a starting point, business owners should be aware of the issues that may trigger the need for an investigation. From there, any investigation that does occur should be carefully crafted and designed to meet the needs of a given situation – including staying compliant. Listen to learn more.
October 25, 2022
OK at Work: Changing Leave Policies
While handbook policies are not generally set in stone, and a well-drafted handbook contains language allowing the employer to make changes at their discretion, changing leave policies can be complicated. This week on OK at Work, Sarah Sawyer and Russell Berger discuss some of the complicating factors in changing leave policies since wage and hour laws generally govern leave policies and these laws require adherence to the original policy in place at the time employees earned the leave. Listen to learn more about what employers should consider when setting or changing their leave policies. <iframe allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen="" frameborder="0" height="315" src="https://www.youtube.com/embed/yHw_7gItONg?si=FdjFAQa9dMCB-nQn&cc_load_policy=1 " title="YouTube video player" width="560">
October 18, 2022
OK at Work: Changes to Maryland’s Disability Discrimination Law
This week on OK at Work, Sarah Sawyer and Russell Berger discuss changes to Maryland’s disability discrimination law that took effect on October 1st. The changes to the new law expanded Maryland’s law to cover applicants and employees, which aligns it with the federal law, the Americans with Disabilities Act. The change to the law is a good reminder for employers of their obligations to disabled employees and applicants. Listen to learn more.
October 13, 2022
OK at Work: Maryland’s Anti-discrimination Law Harassment Definition
This week on OK at Work, Sarah Sawyer and Russell Berger discuss changes to Maryland’s anti-discrimination laws broadening the definition of “harassment.” The changes took place on October 1st and expanded the potential for employer liability under state law by loosening the requirement that conduct be “severe or pervasive” to constitute unlawful harassment. Under the new law, there are three scenarios where the behavior does not need to be “severe and pervasive,” which is the federal standard, to constitute unlawful harassment. Listen to learn more.
October 5, 2022
OK at Work: Quiet Firing
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the inverse of quiet quitting- quiet firing. Similar to quiet quitting, quiet firing does not initially involve separation from employment. Instead, company management quietly starts boxing the employee out, hoping they will leave. Other than the inherent issues quiet firing creates around culture, morale, and resources, it also can expose an employer to potential liability. Listen to learn more.
September 27, 2022
OK at Work: Employee Productivity Tracking
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the merits and different methods of tracking employee activity. While there are many circumstances where an employer may seek to avoid being perceived as big brother, the increase in remote work has brought about a need to revisit these issues and, in some cases, reconsider the use of technology to track employee’s work efforts. Listen to learn more.
September 20, 2022
OK at Work: Quiet Quitting
Quiet quitting is a concept that has been making headlines. Quiet quitting is not a new concept, but it may be more likely that it may go unnoticed by employers in a virtual environment. This week on OK at Work, Sarah Sawyer and Russell Berger discuss the concept of quiet quitting, how it impacts employers, and actions they can take. Listen to learn more about the impact of quiet quitting, how to prevent it, and potential ways to deal with it when it does occur.
September 13, 2022
OK at Work: Phantom Equity
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the use of a phantom equity plan to incentivize employees. Phantom equity, as the name implies, is not actually equity in the business but rather a form of incentive compensation that mirrors what it would look like if the employee had some equity interest. Phantom equity works well as an incentive to help drive towards a transaction but, especially in today’s climate, may also be a useful tool to increase employee retention. Listen to learn more. <iframe allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen="" frameborder="0" height="315" src="https://www.youtube.com/embed/naWhQJ-reMM?si=VnX9ZU-t1uYycval&cc_load_policy=1 " title="YouTube video player" width="560">
September 6, 2022
OK at Work: The Buying and Selling of Your Business
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the need for business owners to make sure that they focus on the details of transactional documents when engaged in either a purchase or a sale. We often see business owners rush to close a deal and, in doing so, risk losing ground on important terms to the other party. While getting to the closing table quickly and efficiently is a priority, it is important for business owners to move quickly towards a good deal and not just any deal. Listen to learn more.
August 30, 2022
OK at Work: Planning to Protect Your Assets
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the need for business owners to protect their assets. While most business owners want to continue to grow their businesses, a little bit of planning work can help minimize the risk. This planning should include both corporate structure planning as well as personal estate planning. Listen to learn more.
August 23, 2022
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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.
