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
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
Labor and Employment
Protecting Privilege in the Age of AI
Sarah Sawyer and Russell Berger, at Offit Kurman, discuss how clients’ growing use of AI tools, can jeopardize attorney-client privilege and confidentiality. They warn that entering sensitive facts into open AI platforms may be treated like sharing them publicly under certain terms of service. Recent cases show that AI-generated materials created before hiring counsel may not become privileged by later giving them to an attorney. They recommend not to run lawsuits or legal defenses through tools like ChatGPT due to privilege risks and imperfect accuracy. Clients should start by consulting their attorney and, if AI is used, do so under attorney supervision.
March 31, 2026
Labor and Employment
Data Management Essentials for Businesses
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss information governance—how businesses manage data and information with an eye toward compliance and future needs. They note that companies create and store vast amounts of digital records. They should ask what information they have, what they do with it, how long they keep it, and how to dispose of it safely. Sarah and Russell emphasize having a plan that reflects best practices and industry guidelines, addresses retention and cost considerations, and includes a litigation hold protocol to preserve data during disputes. Businesses should know what data they collect (including via apps), and that access controls are critical.
March 24, 2026
Labor and Employment
Preparing Legal Costs for Your Business
Sarah Sawyer and Russell Berger of Offit Kurman discuss how business owners can manage legal costs and risk by distinguishing predictable, routine legal work (like handbook updates, contract reviews, and key agreements) from higher-variance expenses like litigation. They explain that proactive compliance projects are easier to estimate, budget, and spread over time, while litigation is harder to predict due to factors such as discovery and limited control over how disputes are filed and resolved. They also note that shifts in laws, enforcement climates, and market forces can increase conflict and lawsuits, offering signals that owners may need to budget more for legal support in certain years. The episode emphasizes that relatively modest preventative fixes can reduce costly problems later and that litigation budgets should account for significant variability.
March 17, 2026
Labor and Employment
Business Owner’s Guide to Lawsuit Readiness
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman explain what to do if you’re served with a complaint or lawsuit. They emphasize staying calm and recognizing that litigation can be a normal part of running a business, then promptly contacting legal counsel to understand what the complaint alleges and what options you have. They warn against pasting the complaint into AI tools like ChatGPT because those communications are not privileged and could become discoverable in litigation. They also stress the importance of confidentiality and attorney-client privilege, responding within required deadlines, and avoiding emotional reactions to one-sided allegations in a complaint so you can take a tactical, objective approach to the case.
March 10, 2026
Labor and Employment
Legal News Headlines vs. Reality
Sarah Sawyer and Russell Berger explain why legal headlines can be misleading and why readers should look beyond buzzworthy quotes and incomplete reporting. They emphasize that law is nuanced, depends on procedural history and context, and is best understood by reviewing the primary source (the actual case) rather than relying on secondary news summaries. They also note that legal outcomes can quickly evolve as parties and lawmakers respond to decisions, so even accurate headlines may only reflect a moment in time. Their takeaway: don’t change what you’re doing based on a headline—dig deeper and consult the appropriate parties.
March 3, 2026
Labor and Employment
Negotiation Tips for Business Owners
Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss negotiations in business and legal disputes, including mediation and litigation. They cover preparing before negotiating. They involve weighing the strength of your facts and legal position alongside the other side’s motivations and constraints as well as setting realistic expectations and building leverage. You should be willing to walk away. Finally, they discuss patience and mental preparation which will help you manage pressure and reach a workable resolution.
February 24, 2026
Labor and Employment
Managing Conflict and Controversy in the Workplace
In this episode of 'OK at Work,' attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss strategies for handling conflict and controversial topics in the workplace. With 2026 starting off with many contentious headlines and differing opinions, it’s crucial for employers to manage these issues to maintain a productive work environment. They explore the importance of respectful discourse, the need for clear policies, and how leaders should navigate sensitive situations without causing disruptions. Learn how to balance freedom of expression with operational efficiency in this insightful discussion.
February 17, 2026
Labor and Employment
Valentine's Day Insights on Office Romance
In this Valentine's Day special of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the complexities and legal implications of workplace relationships. They reference a recent Forbes survey revealing that a significant percentage of employees who date or marry colleagues, which can lead to various challenges for employers. The episode talks about potential legal concerns such as harassment, discrimination, retaliation, and favoritism. To address these issues, implementing clear anti-discrimination, anti-harassment, and anti-retaliation policy would be beneficial, as well as handling supervisory relationships with caution. Flexibility and a focus on impact are recommended for effectively managing workplace romances.
February 10, 2026
Labor and Employment
Strategies for Business Resilience in Weather Crises
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss how businesses can handle weather-related interruptions. From snowstorms to hurricanes, they explore the importance of being prepared, having a flexible plan, and considering both operational continuity and employee safety. Key topics include remote work protocols, handling compensation for exempt and non-exempt employees, and maintaining a positive work culture during disruptive weather events.
February 3, 2026
Labor and Employment
Investing in Employees Amidst 2026 Legal Changes
Join Sarah Sawyer and Russell Berger from Offit Kurman as they kick off 2026 by discussing newly enacted labor laws, upcoming legislative sessions, and emerging trends. This episode focuses on the 'TRAP' laws seen in states like California and New York, which target post-employment training reimbursement obligations. They explore alternatives for employers to invest in their employees within the evolving legal landscape and emphasize the importance of adapting to state-specific regulations.
January 27, 2026
Labor and Employment
Effective Management During Employee Leave
In this week's episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss effective strategies for managing employees who are on leave, such as FMLA or sick leave. They cover important considerations for companies, including how to manage performance proactively, the importance of documentation, and navigating potential risks of retaliation claims. The episode emphasizes the significance of consistent management and following processes to mitigate risks and ensure smooth operations.
January 20, 2026
Labor and Employment
Foundations of Effective Succession Planning
Join Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the critical topic of succession planning in this week's episode of OK at Work. Learn about the importance of standard operating procedures, timing, formalization, and seamless transitions to ensure business continuity when leaders or managers retire or move on. Discover how having a clear roadmap, well-timed exit strategies, and collaborative handovers can help your organization maintain stability and capitalize on new opportunities.
January 13, 2026
Labor and Employment
Adapting to the Evolving Marijuana Legislation
In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss the recent federal reclassification of marijuana and what it means for employers. They explore how these changes impact business policies, particularly in states where marijuana is legal for medical or recreational use. The conversation explores the differences in handling marijuana compared to other substances like alcohol and prescription drugs, and addresses the complexities of navigating state and federal regulations.
January 6, 2026
2026 Legal Forecast on AI and Regulations
In the last OK at Work episode of 2025, Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss the upcoming legal challenges and trends for 2026. Focusing on the evolving impact of artificial intelligence (AI) and generative AI, they explore its implications across various legal areas, including privacy, employment law, and state regulations. They predict a significant focus on AI legislation at both state and federal levels and share insights on how business owners can navigate these emerging legal landscapes.
December 30, 2025
Labor and Employment
Incentivizing Employees with Phantom Equity
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the concept of phantom equity and its role in incentive compensation. As year-end approaches, businesses evaluate bonuses and future incentives. Phantom equity, a form of compensation for executive-level employees, operates like actual equity without involving ownership or entanglements. It serves as a mechanism to align company and individual goals, especially during events like a business sale, by promising bonuses based on hypothetical ownership stakes. Ideal for fostering an ownership mindset without the complexities of real equity, phantom equity offers a flexible and strategic incentive option.
December 16, 2025
Labor and Employment
Navigating Workplace Investigations and Follow-Ups
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the crucial steps employers need to take after concluding a workplace investigation. They explore practical and legal considerations when addressing findings of misconduct, retaliation, or policy violations, including remediation for affected employees and disciplinary actions. The conversation emphasizes the importance of acting on investigation results to manage risk and maintain a healthy work environment.
December 9, 2025
Labor and Employment
Balancing Fun and Professionalism at Holiday Parties
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the key considerations for employers during the holiday season. They emphasize that while holiday parties are a great time for employees to celebrate and have fun, they remain work events where workplace rules and behavioral standards still apply. They share practical tips on planning and executing these events to ensure a balanced, enjoyable, and professional environment. Tune in for valuable advice on managing holiday get-togethers while maintaining a positive and respectful workplace culture.
December 2, 2025
Labor and Employment
End-of-Year Policy and Training Checkup
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of reviewing company policies and procedures as the year closes. With a focus on ensuring compliance and refreshing employee training, they emphasize the need for harassment and cybersecurity training, especially as flu season and holiday gatherings can lead to increased absenteeism and germ spread. Ensuring all employees are informed about current policies and best practices is crucial for a smooth transition into the new year.
November 25, 2025
Labor and Employment
Crafting Motivational Bonus Plans
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of thoughtfully structured bonus plans for employees and executives. The discussion covers the goals behind bonus plans, such as motivation and retention, and emphasizes the importance of aligning these plans with organizational objectives for 2026. They highlight the need for clear and effective communication to avoid legal risks and ensure that employees are properly incentivized. As the end of the year approaches, they encourage employers to reassess and potentially update their compensation plans to support their strategic goals for the coming year.
November 18, 2025
Labor and Employment
Defining Roles and Responsibilities within an Organization
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of clear organizational structures and effective board governance. They highlight the need for well-defined roles and responsibilities within an organization, the significance of precise legal documents, and proactive policies and procedures. By addressing these elements, organizations, whether large or small, can avoid operational chaos and make agile, confident decisions. The conversation also touches on the importance of periodically reviewing and adapting these structures as businesses evolve.
November 11, 2025
Labor and Employment
How to Plan Ahead with Employment Agreements
In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss executive level compensation and employment agreements. They explain the significance of these agreements for both executives and companies, particularly in scenarios involving business marketability, sales, and investor interactions. Key considerations include restrictive covenants, non-competes, and intellectual property protection. They also emphasize the importance of planning these agreements well in advance of major business transitions.
November 4, 2025
Labor and Employment
AI's Impact on Professional Practices
In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the implications of using AI tools like ChatGPT in the workplace. They explore the benefits and risks, emphasizing the importance of understanding legal boundaries and the potential loss of privileged information. They also highlight the need for professional guidance in leveraging AI effectively, comparing it to the necessity of technical expertise in various fields.
October 28, 2025
Labor and Employment
Insights into Best Pre-Litigation Negotiation Practices
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this episode of OK at Work as they discuss the intricacies of pre-litigation negotiations. Learn about the critical steps, strategies, and mindsets necessary for successfully resolving conflicts before escalating to litigation. Whether you're used to the negotiation process or new to it, this discussion will provide valuable insights into creating leverage, understanding your position, and anticipating the moves of the opposing party. Be prepared for a thorough and practical look at achieving resolutions that work for all parties involved.
October 21, 2025
Labor and Employment
Managing Workforce Challenges During Shutdowns
Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss preparing for economic uncertainty during government shutdowns. Learn critical insights for employers on managing workforce issues, ensuring cash flow for wages, and making strategic decisions during times of market and governmental volatility. This episode focuses on practical advice for business owners to navigate employment challenges, furloughs, and maintaining a non-discriminatory approach in workforce changes.
October 14, 2025
Guide to Maryland's New Data Privacy Laws for Business Owners
Join Sarah Sawyer and Russell Berger as they discuss Maryland's new online data privacy laws with guest Stephenie Yeung. Discover the key aspects of the Maryland Online Data Privacy Act, its implications for business owners, and essential steps to compliance. Learn about data minimization, sensitive data regulations, and the importance of updating internal policies and third-party agreements.
October 7, 2025
The Art of the Cease and Desist
In this week's episode of OK at Work, Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss the intricacies of cease and desist letters. They delve into when and why these letters are used, the practical realities of deploying them, and the importance of a case-specific analysis. The conversation highlights the strategic considerations necessary before sending a cease and desist letter, such as whether it will stop the unwanted behavior or potentially escalate the situation. They also discuss the timing and potential consequences of such actions, emphasizing the need for a thoughtful approach to achieve desired outcomes.
September 30, 2025
Labor and Employment
How to Handle Employee Misconduct When It Impacts Your Business
Join Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, in this week's episode of OK at Work, as they discuss the challenges employers face when employees engage in misconduct that harms the business. Learn about the legal options available for dealing with issues ranging from negligence and embezzlement to reputational harm. Sarah and Russell provide insights on insurance coverage, employment actions, and proactive measures employers can take to mitigate ongoing damage caused by rogue employees.
September 23, 2025
Labor and Employment
Partnering for Business Success
In this week's episode of OK at Work, hosts Sarah Sawyer and Russell Berger from Offit Kurman discuss the details and crucial considerations when forming business partnerships or joint ventures. They explore the importance of alignment in vision and goals, the necessity of structured agreements, and the potential challenges that may arise over time. Tune in to understand how to evaluate the value of a business relationship, the importance of planning for future changes, and key self-assessment questions to consider before taking on a partner.
September 16, 2025
