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
OK at Work: The Great Resignation
As we approach the end of 2021, there are a few steps that growth-minded business owners can take in order to prepare for a successful 2022. This week on OK at Work, Russell Berger and Sarah Sawyer discuss how businesses can plan now for 2022 growth while navigating the looming obstacles of the Great Resignation and inflation. Listen in as Russell and Sarah explore how businesses should assess their legal and employment policies and practices to ensure such policies are properly-tailored for the business’s current state as well as its anticipated 2022 growth.
December 16, 2021
OK at Work: Employee Retention
This week on OK at Work, Russell Berger and Sarah Sawyer address an issue that is top of mind for most employers: employee retention. While raising wages and paying retention bonuses is one method of increasing retention, Sarah and Russell focus on other strategies, such as engaging and relationship building with employees, providing flexibility in working conditions, and generally solving for the issues and new thoughts raised by the pandemic. While there is no one size fits all answer, employers should consider these points in formulating an intentional plan to increase retention. Tune in to learn more.
December 9, 2021
OK at Work: Company Holiday Parties
This week on OK at Work, Russell Berger and Sarah Sawyer discuss what companies need to consider when hosting company holiday parties. Employers' obligations to their employees to provide a harassment-free environment are not limited to the office or work hours. Company-sponsored social events where employees consume alcohol and interact in a more casual atmosphere increase the risk of employee-related mishaps. However, this isn't a reason not to have them, and employers should not take too rigid of an approach or impose too many rules for the event. Tune in to learn more about what employers should consider.
December 1, 2021
OK at Work: What Employers Can Be Thankful For
This week on OK at Work, Russell Berger and Sarah Sawyer discuss some of the reasons employers have to give thanks this year. In doing so, we want to wish you a very Happy Thanksgiving. We are grateful that you follow along with us every week and look forward to staying connected. Have a great holiday!
November 23, 2021
OK at Work: Contract Negotiation
This week on OK at Work, Russell Berger and Sarah Sawyer discuss the ins and outs of contract negotiation and what to keep in mind when reviewing or proposing an agreement. While contracts are not always the most exciting part of a business deal, it is vital that the contract meets the parties' needs and sets forth clear terms and expectations for the relationship. Contracts are not just a formality and every word matters. Tune in to hear more.
November 18, 2021
OK at Work: OSHA’s Emergency Temporary Standard
This week on OK at Work, Russell Berger and Sarah Sawyer once again discuss OSHA’s Emergency Temporary Standard that, among other things, requires employers with 100 or more employees to either mandate vaccination or to have unvaccinated employees submit to weekly testing. As was expected, the Standard also requires these same large employers to provide paid time off relating to vaccinations. While challenges and injunctions have already been issued, that status remains uncertain, so employers should begin to prepare their plans for compliance. Tune in to hear more about how this may impact your business.
November 9, 2021
OK at Work: Holiday Parties Considering COVID-19
This week on OK at Work, Russell Berger and Sarah Sawyer discuss what employers should consider while planning company holiday parties. While a large portion of the population is vaccinated, COVID-19 is still a present consideration as companies assess whether to host parties bringing together groups in person. When determining what types of gatherings to host, employers should weigh the risks of in-person events related to their specific workforce and what will best engage employees. Listen to learn more.
November 2, 2021
OK at Work: Reviewing Your Legal Processes and Documents
This week on OK at Work, Russell Berger and Sarah Sawyer discuss the challenges business owners face when they attempt to wear too many hats and how that can lead to legal issues, particularly in the employment context. Like going to the doctor for a routine check-up, business owners should periodically review key legal documents and processes to ensure they are the right fit for what their business looks like today. Listen to learn more about the types of questions business owners should be asking to make sure their documents and processes support their business.
October 27, 2021
OK at Work: Record-Keeping and Employee Documents
This week on OK at Work, Russell Berger and Sarah Sawyer discuss the importance of record-keeping and some policies and practices around keeping employee documents, including documents pertaining to hiring, firing, and compensation. Companies must be mindful of adequately maintaining documentation relevant to their workforce as failure to do so can have weighty legal consequences. Listen to learn more about how long businesses must maintain records and the benefits of having document retention policies and procedures in place.
October 20, 2021
OK at Work: Parental and Medical Leave Policies
This week on OK at Work, Russell Berger and Sarah Sawyer discuss what employers need to consider when developing and implementing a parental leave policy. Employers are often unaware of their obligations under Title VII to provide all parents, regardless of gender, the same amount of parental leave to bond with their child and the differences between bonding leave and medical leave. Listen to learn more about creating a compliant policy that allows for sufficient medical leave for birthing parents while still complying with Title VII.
October 6, 2021
OK at Work: Succession Planning
This week on OK at Work, Russell Berger and Sarah Sawyer discuss the need for employers to do succession planning for key roles and to develop incentives to retain key employees. In doing so, employers have a range of options that they can implement to serve these goals and, like many aspects of employment, employers should take a strategic approach so that they can minimize the risks of key employees departing and avoid the harms of not having a replacement. Tune in to hear more about the need for strategic planning when it comes to key employees and the strategies for doing so.
September 28, 2021
OK at Work: Your Business' Legal Strategy
On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer discuss the hard and soft costs of taking legal shortcuts. From business formation to compliance and protection, a proactive and intelligent legal strategy can not only protect your business but can result in increased growth potential and revenue. Tune in to hear more about the benefits of a prudent legal game plan and the pitfalls of ignoring legal strategies until you have a problem.
September 21, 2021
OK at Work: Biden’s Instruction for an OSHA Emergency Temporary Standard
On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer discuss President Biden's announcement that he will ask OSHA to implement an Emergency Temporary Standard that, among other things, will require employers with more than 100 employees to either mandate vaccination or to perform weekly testing. The Standard is also expected to require these same employers to provide paid time off relating to vaccinations. Whether this Standard ever comes to pass and is enforceable, the President's announcement is likely to encourage more employers to mandate vaccination and to provide cover for those employers that have already done so. Tune in to hear more about how this may impact your business.
September 14, 2021
OK at Work: Employers’ Responsibilities Under Workers Compensation, the FMLA and ADA
On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer discuss employers' responsibilities under the FMLA, the ADA, and Workers' Compensation and how they interplay when an employee is out on leave. A company's obligations don't necessarily end when FMLA does. Employers need to have procedures in place to manage employees on leave and their return to work, especially when an employee requests extended leave.
September 7, 2021
OK at Work: COVID-19 Workplace FAQ
On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer address a number of frequently asked questions regarding COVID-19 protective measures in the workplace. Russell and Sarah discuss the options available to employers looking to implement protections in their workplace, the challenges of complying with current CDC guidance, the need to adhere to local or state mask mandates, and the unique challenge of having vaccinated and unvaccinated employees in the same workplace. Listen in as Russell and Sarah discuss these issues.
August 31, 2021
OK at Work: Technology in the Workplace
On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer discuss how advances in technology impact employers, including how automation impacts the need for employees and software solutions are streamlining operations. As costs associated with retaining and training employees continue to rise, Sarah and Russell discuss how companies can use technology to reduce employee-related administrative burdens and keep employees by increasing efficiency and employee morale. Tune in to learn more.
August 24, 2021
OK at Work: Vaccine Mandates Revisited
On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer revisit the topic of mandatory vaccination in the workplace now that the COVID-19 Delta variant has caused employers to take a closer look at their reopening plans. It has also caused employers to weigh the risks of mandating the vaccine versus the risks associated with an unvaccinated workforce. Russell and Sarah urge employers to revisit their office reopening or vaccine policies – listen in to learn more.
August 17, 2021
OK at Work: Mandatory Arbitration Clauses
On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer discuss the use of arbitration clauses by employers. Recently, House Democrats proposed a bill to ban mandatory arbitration clauses in the employment context, arguing that the out-of-court proceeding negatively impacts workers because it keeps bad actors out of the spotlight and makes it harder for workers to act collectively. While this bill seems unlikely to become law, this is a good reason for employers to revisit their strategies around arbitration, forum selection, and jury trials to implement thoughtful and purposeful practices. Listen in as Russell and Sarah discuss what this could mean for the workplace.
August 10, 2021
OK at Work: The New CDC Guidance and How it Impacts the Workplace
The CDC has issued new guidance to maximize protection from the COVID-19 Delta variant, recommending that fully-vaccinated individuals should wear a mask indoors in public if they are in an area of substantial or high transmission. On this week’s episode of OK at Work, Russell Berger and Sarah Sawyer discuss the impact that this new guidance will have on employers who had already adapted to the previous guidance stating that fully-vaccinated individuals need not wear masks indoors. This leads to the question – what policies should employers now be implementing in the workplace? Listen in as Russell Berger and Sarah Sawyer discuss.
August 3, 2021
OK at Work: The Emerging Cold & Flu Season in the Workplace
On this week’s episode of OK at Work, Sarah Sawyer and Russell Berger discuss the impact of COVID-19 on this year’s cold and flu season now that many individuals are vaccinated. Currently, the CDC guidance for individuals experiencing COVID-19 symptoms remains the same for vaccinated and unvaccinated employees: if you experience COVID-19 symptoms, isolate. Under this guidance, there is no specific advice for how to handle fully-vaccinated individuals experiencing COVID-19 symptoms that test negative for COVID-19. Listen in as Russell and Sarah discuss the issues this poses for businesses and their thoughts on potential updates to the guidance.
July 27, 2021
OK at Work: President Biden Calls for Ban on Non-Competes in New Executive Order
On this week's episode of OK at Work, Offit Kurman Labor and Employment attorneys Sarah Sawyer and Russell Berger discuss President Biden’s executive order that asks the Federal Trade Commission to ban or limit non-competes. Non-compete limitations have typically been an issue for employers to navigate at the state level. However, this new executive order contemplates significant changes for employers nationwide by limiting non-competes at the federal level. Listen in as Russell and Sarah discuss this potential change and the action items that employers will need to consider.
July 20, 2021
OK at Work: What Employers Can Learn from the Olympics and Sha’Carri Richardson
On this week’s episode of OK at Work, Sarah Sawyer and Russell Berger discuss track and field star Sha’Carri Richardson’s month-long suspension due to a positive marijuana test, which has caused her to miss the Olympics. The suspension of a star performer for marijuana use away from the “workplace” brings to light the need to give practical thought to your drug policies and how you intend to implement them when marijuana use does not affect employee performance. Listen in as Russell and Sarah discuss the factors an employer should consider.
July 13, 2021
OK at Work: Increasing Employment Litigation
Join Sarah Sawyer and Russell Berger on this week’s episode of OK at Work where they discuss the increase they have seen in employment litigation over the last few months. Particularly now that many states have lifted COVID-19 states of emergency and more workers return to the workplace, employers should be taking steps to mitigate the risk of employment lawsuits, which are beginning to pick back up. Whether through proper management technique, strong policies, or taking steps to better prepare for terminations, Sarah and Russell discuss how employers can proactively reduce these risks.
July 7, 2021
OK at Work: Using Compensation to Incentivize Employees
On this week’s episode of OK at Work, Sarah Sawyer and Russell Berger give insight into different methods of utilizing compensation to incentivize employees in a manner that will maximize profitability and motivation. We are seeing a job market flourishing with opportunities and businesses looking to get to the next level as we emerge out of the pandemic. Sarah and Russell urge businesses to do more than check the boxes when developing a compensation plan. Salaries, bonuses and commissions are great tools for employers to motivate their employees and to ensure alignment with your mission. Listen in to learn more.
June 29, 2021
OK at Work: COVID-19 State of Emergency Orders are Being Terminated
On this week’s episode of OK at Work, Sarah Sawyer and Russell Berger discuss what is in store for employers now that most states, including Maryland, are in the process of eliminating COVID-19 restrictions. In Maryland, Governor Hogan announced that most COVID-19 restrictions will conclude on July 1st with any remaining orders ending 45 days later. Employers are wondering: what now? Before taking down the plexiglass barriers and throwing out the hand sanitizer, employers should consider what policies they should implement where vaccinated and unvaccinated employees are working together in person. Listen in as Sarah and Russell discuss these changes and other considerations for employers as we reach the light at the end of the tunnel.
June 22, 2021
OK at Work: Non-Competes
On this week’s episode of OK at Work, Sarah Sawyer and Russell Berger discuss strategies for using restrictive covenants to protect your business’s interests in a shifting legal landscape. In 2019, Maryland enacted a law that prohibits non-competes for lower-earning employees, and Washington, D.C., recently passed a ban on non-competes. In addition to non-compete provisions, employers should also consider other forms of protection, such as confidentiality agreements and non-solicitation provisions. Listen in to hear more from Sarah and Russell.
June 15, 2021
OK at Work: Safety in the Workplace
On this week’s episode of OK at Work, Sarah Sawyer and Russell Berger discuss safety in the workplace. With today’s workforce beginning their migration back to the offices, there are increased opportunities for safety concerns for employers. As tensions rise from the return, employers are looking to understand the liabilities that they face and the best practices for implementing policies for a safe workplace. Listen in to learn more.
June 8, 2021
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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.
