OK at Work: COVID Testing in the Workplace
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the EEOC’s updated guidance on COVID testing. When COVID testing first became widely available, the EEOC took the position that testing was inherently job-related and allowed. However, the new guidance makes clear that employers must now conduct a fact-specific inquiry before requiring testing. Listen to learn more.
August 16, 2022
OK at Work: Miscommunication using Emojis, Gifs, and Memes
This week on OK at Work, Sarah Sawyer and Russell Berger discuss how the use of emojis, gifs, and memes in work-related communications can lead to miscommunications as well as harassment and discrimination. While using these devices to communicate is prevalent, the lack of precise language in the workplace can cause problems. Listen to learn more.
August 9, 2022
OK at Work: How to Compensate Employees without Affecting Payroll
This week on OK at Work, Sarah Sawyer and Russell Berger discuss ways to incentivize and compensate employees, especially in light of increased costs for employees with inflation and rising gas prices. Depending on the employer’s goals, there are several ways to provide employees with additional compensation outside of increasing their salary or hourly rate, which is often a more permanent change. Listen to learn more.
August 2, 2022
OK at Work: Navigating Different State Requirements
This week on OK at Work, Sarah Sawyer and Russell Berger discuss what employers need to consider regarding employment and tax compliance for employees who regularly work in multiple states or are moving from one state or another. Ensuring that the employee’s payroll is set up correctly can get complicated when dealing with various jurisdictions, and employers should explore state requirements to ensure compliance. Listen to learn.
July 26, 2022
OK at Work: Supporting Mental Health Challenges in the Workplace
This week on OK at Work, Sarah Sawyer and Russell Berger discuss how employers can support employees who may be suffering from mental health challenges and employers’ obligations regarding mental health-related disability accommodation requests. One only needs to turn on the tv or scroll their news feeds to see that many external factors may impact employees at work, resulting in decreased absences and productivity. Listen to learn more about what employers should consider when addressing these issues.
July 12, 2022
OK at Work: Personal Discussions as an Employer
This week on OK at Work, Sarah Sawyer and Russell Berger discuss dos and don’ts for employers when casually conversing with employees and candidates. While conversations of a personal nature are a common way employers attempt to connect with employees, there are often unintended consequences of delving too deep. Listen to learn more.
July 6, 2022
OK at Work: ADA and Medicinal Marijuana
Sarah Sawyer and Russell Berger discuss the interactive process for addressing reasonable accommodation requests under the ADA as it relates to medicinal marijuana.This week on OK at Work, Sarah Sawyer and Russell Berger discuss the interactive process for addressing reasonable accommodation requests under the Americans with Disabilities Act and take a closer look at the evolving view state law is taking with respect to medicinal marijuana as a potential accommodation. Listen to learn more.
June 28, 2022
OK at Work: Motor Carrier Overtime Exemption
This week on OK at Work, Sarah Sawyer and Russell Berger discuss overtime requirements and the exemptions to this law, specifically focusing on the motor carrier exemption and ongoing attempts to change it. Listen to learn more.
June 21, 2022
OK at Work: How to Help Your Growing Business
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the best ways for business owners to leverage the law and legal strategies to help grow their business while getting the most value out of legal counsel. Listen to learn more.
June 14, 2022
OK at Work: Settlement and Severance Agreements
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the importance of carefully drafted settlement and severance agreements and what employers need to consider when asking an employee to release their claims. Listen to learn more.
June 7, 2022
OK at Work: How to Avoid Claims of Retaliation
This week on OK at Work, Sarah Sawyer and Russell Berger discuss best practices for avoiding claims of retaliation in connection with harassment and discrimination investigations. Listen to learn more.
May 31, 2022
OK at Work: Enhancing Performance through Motivation
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the need to enhance performance (and guard against claims of unlawful termination) through management and motivation. Oftentimes, employers focus on the negative aspects of an employee’s performance to their detriment. Instead, employers would be better served to exert their efforts on managing employees up or out, especially since doing so makes for a strong defense if litigation ensues. Listen to learn more.
May 24, 2022
OK at Work: How Recessions Influence the Workplace
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the potential for an increase in legal disputes during a recession. With scarcity often comes conflict related to contract compliance, both regarding payment terms and delivery. Issues that parties would easily resolve without resorting to litigation could be more likely to escalate and end up in court. From the employment side of things, recessions can also mean layoffs and terminations, leading to increased risk for employers. Business owners should start thinking about ways to prepare for these potential issues. Listen to learn more.
May 17, 2022
OK at Work: Handbooks vs. Contractual Agreements
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the difference between Handbook and contract provisions and the strategic considerations for both. While Handbooks are a very important tool for setting employment policies, separate contractual agreements are needed to create enforceable obligations following the termination of employment. Employers should consider both the policies needed for operating as well as the contractual provisions needed to protect the business. Listen to learn more.
May 10, 2022
OK at Work: Morality Clauses in the Workplace
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the use of morality clauses in commercial and employment agreements. A morality clause is a contract provision that allows a contracting party, often a company, to terminate an agreement or take action should the other party engage in behavior that may negatively impact the company’s reputation or public image by association. Given how quickly reputational damage can occur in a society where content can spread worldwide with a click of a button, many industries and employers are making broader use of morality clauses. Listen to learn more.
May 3, 2022
OK at Work: Time to Care Act of 2022
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the paid family leave law recently passed by Maryland’s legislature. Known as the Time to Care Act of 2022, this law will require employers and employees to contribute, via payroll deductions and taxes, to a state-operated fund that will payout partial wage replacement benefits when an eligible employee takes qualified leave. While the compliance regimen for this new law will be developed over time, especially since funding does not begin until 2023 and benefits are not available until 2025, employers should take care to start preparing for its implementation. Listen to learn more.
April 20, 2022
OK at Work: Evolving Fair Pay Laws
This week on OK at Work, Sarah Sawyer and Russell Berger discuss Fair Pay laws and various requirements pertaining to salary history. Sarah and Russell also discuss how states are starting to adopt salary range requirements for job postings and how that may impact hiring for remote, work from anywhere, positions. While this area of law is evolving, employers should take care to not run afoul of what is becoming increasingly complicated. Listen to learn more.
April 12, 2022
OK at Work: How to Handle Workplace Violence
This week on OK at Work, Sarah Sawyer and Russell Berger explore the Will Smith and Chris Rock incident at the Oscars through the lens of how to prevent and handle workplace violence. While, as of late, the COVID-19 pandemic has been a primary area of focus related to workplace safety, workplace violence is a growing concern with employers. As such, employers should take proactive steps to prevent violence and hostility in the workplace and be prepared to handle incidents if they do arise. Listen to learn more.
April 5, 2022
OK at Work: Today’s Challenges for Employers
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the myriad of challenges business owners are facing right now and the tools that are available to help lighten the load. While pandemic-related issues and the Great Resignation continue, running a business has only been further complicated by global challenges such as inflation, supply chain disruptions, and, sadly, war. As such, business owners will need to rely on their teams, both internal and external, to push through mounting fatigue and navigate these obstacles. Listen to learn more.
March 29, 2022
OK at Work: The Legalization of Marijuana and What Employers Need to Consider
This week on OK at Work, Sarah Sawyer and Russell Berger discuss changing marijuana laws and what businesses need to consider as more states, including Maryland, move toward full legalization. While many states are legalizing marijuana for medical and/or recreational use, marijuana use is still illegal at the federal level. As such, employers who are not in highly regulated industries are often free to develop policies around marijuana usage that are consistent with their business needs. Listen to learn more.
March 22, 2022
OK at Work: Combating the Great Resignation as an Employer
This week on OK at Work, Sarah Sawyer and Russell Berger discuss strategies for combating the Great Resignation. While many employers have increased recruiting efforts, they can truly distinguish themselves and enhance their ability to make the right choices by refining and improving interview processes (not to mention, reduce risk of failure to hire claims). Listen in to learn more.
March 15, 2022
OK at Work: What to Consider with CDC’s New Mask Guidance
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the latest mask guidance from the CDC. Many local and state governments are rolling back their mask mandates based on the new guidance. While this is exciting news, there are still several considerations for employers related to their COVID-19 policies. Listen in to learn more.
March 8, 2022
OK at Work: Congress Passes Legislation Banning Forced Arbitration of Workplace Sexual Assault and Harassment Claims
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the bill that has passed Congress and awaits President Biden’s signature that will prohibit employers from mandating arbitration of sexual harassment and sexual assault claims. This new law is a direct result of the #MeToo movement and, as such, employers may need to revise existing arbitration agreements. This also presents an opportunity for employers to revisit arbitration and forum selection clauses more generally as well. Listen in 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/B0voYEVXH9I?si=uO6SRN1-lxvyPojO&cc_load_policy=1 " title="YouTube video player" width="560">
March 1, 2022
OK at Work: Using Social Media as a Screening Tool During the Hiring Process
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the risks of using social media as a screening tool when hiring employees. While it has become commonplace for employers to use social media when assessing potential candidates, its use could result in companies violating any number of state or federal laws, including anti-discrimination laws, off-duty conduct laws, the National Labor Relations Act, the Fair Credit Reporting Act, and privacy laws. Listen in to learn more.
February 17, 2022
OK at Work: Claims of Discrimination and Disparate Impact to Protected Classes
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the lawsuit filed by Brian Flores against the NFL and several teams. While most employers do not have to defend themselves against claims of discrimination in the media, this lawsuit is a good reminder to business owners that their employment practices should avoid causing a disparate impact to any protected class. Listen in to learn more.
February 10, 2022
OK at Work: Employee Engagement
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the importance of employee engagement and the costs associated with employees who have mentally “checked out” without quitting. While many employers have open-door policies and encourage employees to communicate openly with management, these types of policies have little value without proactive action by employers. Listen in to learn more.
February 3, 2022
OK at Work: Authorized Wage Deduction
This week on OK at Work, Sarah Sawyer and Russell Berger discuss authorized wage deduction. Employers in Maryland should know that in most circumstances it is unlawful to deduct from wages, even when the employee owes money to the employer, without written authorization to do so. Employers in Maryland can plan ahead by utilizing wage deduction authorization forms when providing employees with physical equipment, credit cards, and the like. Listen in to learn more.
January 26, 2022
OK at Work: Non-Disparagement Clauses
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the use of non-disparagement clauses. While employers may be tempted to implement non-disparagement clauses or policies upon hiring, there are some practical and legal reasons they should refrain from using them at the beginning of the employment relationship. However, non-disparagement clauses are key when it comes to severance and settlement agreements. Listen in to learn more.
January 19, 2022
OK at Work: Terminating Employees in the Remote Work Environment
This week on OK at Work, Sarah Sawyer and Russell Berger discuss the challenges associated with terminating employees in a remote work environment. While recent headlines illustrate what not to do, like terminating 900 people in a group video call, Sarah and Russell propose solutions and best practices for handling these difficult conversations and reducing the risk of subsequent litigation and disputes. Listen in to learn more.
January 12, 2022
OK at Work: Employment Outlook and COVID 19 for 2022
As employees get back to work after the holidays, COVID-19 is continuing to be a consistent disrupter to business operations. With state, local, and CDC guidance changing rapidly with the emergence of the Omicron variant and large volumes of employees testing positive for the virus, employers are back to making tough choices regarding how to keep their employees safe and manage absences while maintaining operations. Check out this week’s OK at Work for an update on what employers should consider as they adapt to the most recent pandemic conditions.
January 5, 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.
