OK at Work
OK at Work, hosted by Offit Kurman attorneys Russell Berger and Sarah Sawyer, is a weekly podcast 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.
Labor and Employment
Handling Political Conversations in the Office
In this episode of OK at Work, Offit Kurman attorneys Sarah Sawyer and Russell Burger discuss how employers should handle political discussions at work as Election Day approaches. Employers can appropriately refocus employees on job duties when political debate becomes a distraction. Managers can delicately limit heated discussions by redirecting attention to organizational objectives, using consistent workplace policies. Make sure managers are trained to handle issues evenly without appearing to target particular views. They also flag related concerns about employees posting political opinions online, advising employers to ensure employees do not post under company pages or imply the company endorses their views.
October 27, 2026
Labor and Employment
Beyond the Basics of Employee Training
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why employers should view employee training as an opportunity rather than just a compliance task. They note that some training is required by certain states or insurance companies but emphasize that effective training should mitigate risk and improve performance. Training should focus on practical, tactical topics like performance management, documentation, complaint protocols, and supervisors’ obligations. Well-designed training can encourage two-way communication, raise employee questions, and strengthen relationships. Sarah and Russell finished by stating that training overly focused on legal definitions may not change behavior, so organizations should structure training to achieve lasting improvements.
October 20, 2026
Labor and Employment
Building Effective Reporting Systems Within Businesses
Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss what employees, managers, and executives should do when they receive reports of workplace issues, and how business leaders can empower people to escalate concerns. Russell explains the compliance need for clear reporting channels for improper conduct, typically routed to HR, or to an operations leader. They also explain that businesses must establish operational reporting structures through managers, and build open communication with supervised employees. Sarah notes leaders should not assume approachability guarantees reporting, especially as companies grow and add layers.
October 13, 2026
Labor and Employment
Navigating Intellectual Property in the Age of AI
Sarah Sawyer and Russell Burger are joined by Marc Misthal, an intellectual property and trademark attorney and chair of the firm’s IP group, to discuss how businesses’ use of AI is creating new IP challenges. Marc explains that AI-generated outputs raise questions about whether they can be protected by copyright, trademark, or patent. They discuss practical impacts for both creators’ seeking protection and those facing potential infringement claims. There are unresolved issues about who is responsible—the user, the AI company, or both. Marc recommends documenting AI use, including prompts, emphasizing that more human involvement can increase protectability on a case-by-case basis, and urges business owners to be proactive and consult counsel early.
October 6, 2026
Labor and Employment
Intentional Culture Creation in Management
In this episode of OK at Work, Sarah Sawyer and attorney Russell Burger of Offit Kurman discuss how managers influence company culture alongside the usual compliance responsibilities. Managers act as ambassadors and the day-to-day face of the organization, especially as companies grow and executives have less direct contact with employees. Russell stresses the importance of being intentional about culture by clearly defining desired behaviors, communication styles, and expectations. They explain that consistent messaging, strong communication, and knowing employees help make difficult conversations easier, improve retention and productivity, as well as reduce legal risk.
September 29, 2026
Labor and Employment
Understanding Employee Performance Shifts
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss balancing consistent performance-management policies with EQ and common sense when managing people. They explain that when a previously strong employee’s performance declines, it may signal personal struggles rather than a work-related issue. Building trust, training managers, and holding regular check-ins can help identify issues early, reducing the need for PIPs or reprimands and limiting negative cultural or reputational impacts. Drawing lessons from the pandemic, Sarah and Russell emphasize that employees are often dealing with stressors. Thoughtful support from their managers can help employees get back on track.
September 22, 2026
Labor and Employment
Family Leave Updates for Maryland Businesses
Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss Maryland’s upcoming paid family and medical leave program and what employers should do in fall 2026 to prepare. They explain that contributions for employers using the state plan begin January 1, 2027, with benefits starting in 2028. The program is like unemployment insurance, providing up to 12 weeks of paid leave with benefits up to $1,000 per week funded by employee payroll deductions and employer contributions for businesses with 15+ employees. Employers must choose between the state program and a private plan, communicate their choice to the state, and meet registration, payroll remittance, and employee notice requirements.
September 15, 2026
Labor and Employment
Maximizing Cash Flow and Collections
Attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss how businesses can improve cash flow by staying on top of accounts receivable and treating collections first as a business process. They stress proactive client selection, credit reviews, AR management, and strong contracts with clear payment terms, remedies, fee provisions, and jurisdiction clauses. Sarah and Russell recommend establishing a clear internal process to identify overdue accounts and decide when to send demand letters or pursue litigation. For industries with frequent slow-pay issues, they suggest creating a repeatable, scalable collections “blueprint” and exploring AI to increase efficiency.
September 8, 2026
Labor and Employment
How to Exercise Effective Expense Control
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why employers need clear expense reimbursement policies and procedures for employee purchases and travel paid with company cards or personal funds. The major points they make is employers must communicate guidelines on what qualifies as reimbursable, reduce “gray areas” to avoid confusion and disputes, and build safeguards such as requiring management approval over a certain dollar amount. There are common challenges in administering these policies day to day, including inconsistent approvals that can create precedents and confusion, and recommend involving multiple departments—such as finance, marketing, and department heads—when creating the policy to address practical questions and reduce risk from employees making decisions in the field.
September 1, 2026
Labor and Employment
The Risks of Using AI for Legal Clients
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss risks created when clients use AI tools like ChatGPT for legal questions during litigation or transactional matters. They explain that courts are applying traditional attorney-client privilege and work product rules to AI, meaning using public AI can waive protection. They warn against pasting privileged emails or legal strategy into AI for explanations or summaries. Ask your lawyer directly, who can use AI through protected channels. They also note that AI chat histories may trigger litigation hold obligations, including preserving records that might otherwise auto-delete.
August 25, 2026
Labor and Employment
Effective Communication in Crisis Situations
Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss how companies should respond when an incident draws public or media attention and reporters seek offhand comments from employees. They emphasize planning before a crisis by creating a crisis communication plan that identifies a point person, establishes a vetting process, and clarifies how messages are shared. They recommend consulting specialized crisis-communications experts when needed. They also note that high-profile incidents can cause employee concerns, so organizations should support employees with internal resources. They stress the need to keep the business operating and communicate appropriately with the workforce during stressful situations.
August 18, 2026
Labor and Employment
Responsible AI Use in Employment Hiring
Attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss the lawsuit alleging Workday’s AI hiring software discriminatorily screens out certain candidates and what that headline means for employers using AI in recruiting. They outline AI risk areas such as accuracy, confidentiality, intellectual property, and especially bias. Employers who use these programs cannot delegate legal compliance to a vendor and may still face liability if a screening system is biased. They note the lawsuit’s facts are unknown and will be explored in discovery, but employers should ask vendors how tools process information. Employers make screening decisions, consider contractual risk-shifting, add controls or a human review component, and evaluate settings and internal practices to mitigate bias.
August 11, 2026
Labor and Employment
Understanding the Importance of Indemnification Clauses
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman explain why indemnification clauses—often buried in the “miscellaneous” section of contracts—deserve close attention. They describe indemnification as a key risk-allocation tool that determines who pays for defense costs and liability when third-party claims arise. They also discuss how smaller businesses may face more aggressive indemnity terms from larger companies, the importance of negotiating reasonable limits, and the need to understand accepted risk upfront to avoid surprises when an indemnification claim arises.
August 4, 2026
Labor and Employment
Setting Up Your First Business Entity
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss key considerations when starting a business, focusing on entity structures and formation. They stress beginning with tax implications by consulting an accountant about what entity to form. The next step is working with a lawyer on questions such as which state to organize in, the business’s size and type, plans for growth, and whether additional owners will join. They emphasize the importance of having foundational documents that serve as a roadmap for ownership terms, operating expectations, and what happens if owners exit or the business is sold. They also highlight assessing business risks and insurance needs, aligning co-owners’ risk tolerances, and considering multi-entity structures to better allocate and reduce risk.
July 28, 2026
Labor and Employment
Myth or Reality of Ironclad Contracts
Attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss the idea of the “ironclad contract” and why truly loophole-proof, unbreakable agreements don’t exist. They explain that while contracts can be sloppy or well-prepared, even strong drafting can’t anticipate every unexpected real-life scenario. The episode emphasizes focusing on common contingencies and high-impact issues, treating contracts as adaptable documents that evolve as circumstances and business needs change.
July 21, 2026
Labor and Employment
Efficient Litigation Balancing Time and Cost
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss how litigation strategy depends not only on cost and risk but also on how long it takes to reach court and trial. Using Maryland as an example, they compare the faster district court process that can reach trial in roughly four to six months and typically under a year, versus circuit court jury trials with full discovery that generally take at least a year. They note that time affects leverage and helps explain why most civil disputes settle. Timelines can vary by state, county, case volume, COVID-era disruptions, and factors like AI and pro se litigants.
July 14, 2026
Labor and Employment
Preparing for Employee Discrimination Notices
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss what employers should do when they receive an administrative discrimination charge from the EEOC or a state/local agency, whether after terminating an employee or while the employee is still working. They explain that discrimination and harassment claims typically must go through an administrative process before court. You must take the notice seriously, engaging in the process to build leverage and improve litigation posture. They also note the process can be slow and inconsistent, which can sometimes benefit employers, and stress planning to avoid retaliation concerns if the charging party remains employed.
July 7, 2026
Labor and Employment
Mastering Business Compliance
Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss how businesses can keep up with compliance as both laws and business activities change over time. They explain that new services, expansions into new states, or shifts in operations can trigger new requirements. Russell recommends doing an annual assessment of business changes, reviewing end-of-legislative-session summaries of new laws, and staying current on industry and state developments. They highlight making compliance process-oriented by centralizing obligations on a compliance calendar. Sarah adds that delegating to roles like HR or operations, continuing education, and routine seasonal check-ins can help prevent penalties and operational disruptions.
June 30, 2026
Labor and Employment
Establishing Effective AI Policies
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss how employers should respond to employees using AI at work. They recommend adopting a standalone generative AI policy that sets guardrails on permitted software, confidential information, and acceptable and prohibited uses. Sarah and Russell also stress reducing legal risks such as bias and discrimination, guiding employees away from unofficial sources, and using approved platforms with controls for sensitive areas like management and recruiting.
June 23, 2026
Labor and Employment
Tactics for Managing Negative Online Feedback
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss online reputation and the law in the context of reviews on platforms like Nextdoor, Glassdoor, Google Reviews, and Yelp. They explain that clients often want a quick cease-and-desist response, but that is not always the best answer. They emphasize setting clear goals, weighing cost and practicality of litigation, and considering how the reviewer might react to legal pressure versus being ignored. The episode highlights alternative approaches such as marketing/PR strategies, increasing positive reviews, responding publicly to invite direct contact, and engaging the reviewer to resolve issues.
June 16, 2026
Labor and Employment
The Employer’s Guide to Effective Interviews
In this episode of This Week’s OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman break down the art and strategy of interviewing job candidates. From avoiding legally risky questions to identifying the right personality fit for a role, they discuss practical ways employers can improve their hiring process. Learn why preparation matters, how to ask better interview questions, and why “Tell me about a time when…” can reveal far more than simple yes-or-no questions. They also explore how hiring needs can evolve during the interview process and why flexibility is key when finding the right candidate. Whether you're hiring your first employee or growing a team, this episode offers valuable insights for employers across every industry.
June 9, 2026
Labor and Employment
Preparing for Succession Transitions
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why businesses should prioritize succession planning before a crisis occurs. They explain that succession planning starts at the top in owner-operated companies, including having plans such as a buy-sell agreement for when an owner departs, retires, or exits on an unexpected timeline. They also emphasize planning throughout the management ranks by asking leaders who would step into their role tomorrow and creating contingency coverage for key responsibilities. Acknowledging these can be uncomfortable and emotional conversations, they argue that addressing them while things are running smoothly helps keep the discussion practical and focused on the shared goal of continued success. Planning ahead, like buying insurance, helps protect the organization, employees, and families who depend on it and allows leaders to manage unexpected events without scrambling.
June 2, 2026
Labor and Employment
Exploring AI in HR Practices
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss emerging AI regulations in employment, highlighting Illinois as an example of where other states may follow. They explain that even without AI-specific laws, employers remain subject to existing federal and state employment and anti-discrimination laws, and AI-driven recruiting tools can create liability if they filter candidates with bias. Employers should proactively regulate and monitor how HR and recruiting teams use AI. The episode also notes that hiring and recruiting are likely targets for early transparency and disclosure requirements. Employers should be prepared to articulate how AI is used, what safeguards exist, and how confidentiality and data security are protected when handling job applications and other sensitive information.
May 26, 2026
Labor and Employment
Understanding Corporate Governance
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss corporate governance as the documents, procedures, and policies that help create a well-functioning organization. They explain that while forming an entity may be straightforward (e.g., articles of incorporation), the core governance “roadmap” is typically found in agreements which address how owners come together, operate, and fund the business. They emphasize the importance of clearly defining decision-making authority to enable faster, more decisive action. Sarah and Russell also note businesses must follow and document compliance with these contractual rules, especially for future sales or exits.
May 19, 2026
Labor and Employment
Defamation vs. Disparagement Explained
In this episode of OK at Work, Offit Kurman attorneys Sarah Sawyer and Russell Berger explain the difference between defamation and non-disparagement and why these terms often appear in business and employment agreements. They note that defamation is independently actionable without a contract and generally involves a false statement made to a third party that causes damage. Disparagement can be true or opinion-based but negative and is typically not actionable unless parties agree by contract not to disparage each other. They discuss how non-disparagement clauses, often paired with confidentiality provisions, are commonly used after disputes in employer-employee, partner, or business relationships to protect reputations and prevent harmful commentary.
May 12, 2026
Labor and Employment
Correcting Course in Business Practices
Sarah Sawyer and Russell Berger at Offit Kurman discuss how business owners can respond when they realize they’ve made a legal mistake—often in employment policies—and need to correct course. They note mistakes may come to light through counsel, articles, real-world issues, or even a lawsuit. On this episode of OK at Work, they stress the importance of recognizing the problem, assessing the full scope, and creating a plan to stop ongoing exposure. Sarah and Russell explain that implementation and messaging matter, since sudden targeted changes can prompt broader employee complaints. They also caution against rushing implementation, since quick fixes can add risk, and highlight that some issues, like noncompliant PTO or sick leave policies, require unwinding existing obligations and may involve steps such as back pay or interim interpretation changes.
May 5, 2026
Labor and Employment
Balancing Family and Business
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the risks and best practices of doing business with family members or significant others. They stress keeping the balance between family and business by treating the venture as a business that is subject to rules, risks, and laws, with clear governance and control. For co-owners, it is best to set ground rules, align on vision, and put an operating agreement in place. When dealing with family employees, business owners should be upfront about roles, pay, compliance, and expectations.
April 28, 2026
Labor and Employment
Tips for Business Owners on Handling Contracts
Attorneys Sarah Sawyer and Russell Berger discuss practical contract review tips for business owners who juggle many agreements and worry about delays. They urge using your own standard contracts when possible to speed negotiations and improve control. They suggest working with counsel to identify which provisions are true business terms versus legal term. Your attorney can assist with deciding which clauses are deal breakers, critical, or flexible so you know when to escalate questions. They emphasize understanding the contract’s goals and intent to avoid failed agreements and future disputes, and caution against signing provisions you don’t understand.
April 21, 2026
Labor and Employment
Hiring Compliance Overview
Sarah Sawyer and Russell Berger discuss regulations that affect the hiring and application process, including state and local laws on job ads and interviews. They highlight that anti-discrimination, anti-harassment, and accommodation obligations apply to applicants as well as employees. They review topics such as ban-the-box rules on when criminal history may be considered, pay transparency requirements to post reasonable salary ranges, and restrictions on asking about current pay. Sarah and Russell also explain that if a lawful background or credit check (often after a conditional offer) reveals disqualifying information through a third party, the federal Fair Credit Reporting Act requires a two-step adverse action notice process.
April 14, 2026
Labor and Employment
Strategies for Reducing Legal Risks through Communication and Performance Management
Attorneys Sarah Sawyer and Russell Berger discuss how day-to-day employee management affects both team performance and legal risk, noting that unhappy employees are more likely to sue. They emphasize that performance management, documentation, coaching, and performance improvement plans are important, but should not be treated as mere box-checking. Instead, managers should focus on having effective conversations that actually change behavior and prevent issues from escalating to legal problems. They highlight the importance of clear expectations, thoughtful messaging, and understanding each employee as an individual, since there is no one-size-fits-all approach.
April 7, 2026
