OK at Work

Protecting Privilege in the Age of AI

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 31 Mar 2026 07:00:00 -0400

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.

00:00 Client AI Use Risks

00:49 Privilege and Confidentiality

01:23 OpenAI Terms and Exposure

01:45 Recent Cases and Pitfalls

02:27 Don’t Use AI for Defense

03:22 Accuracy Limits of AI

04:17 Use AI With Your Lawyer

04:38 WebMD Printout Analogy

05:06 Key Takeaways and Wrap

05:54 Closing Goodbye

Data Management Essentials for Businesses

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 24 Mar 2026 07:00:00 -0400

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.

00:00 What Is Information Governance

00:52 Data Everywhere Today

01:29 Retention and Disposal Basics

01:44 Build a Governance Playbook

02:34 What to Keep and Why

03:32 Know Your Data Sources

04:05 Control Access to Records

04:27 Implement and Wrap Up

Preparing Legal Costs for Your Business

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 17 Mar 2026 07:00:00 -0400

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.

00:00 Legal Costs Overview

01:09 Budgeting Routine Compliance

01:55 Forecasting Litigation Spend

02:32 External Forces and Disputes

03:44 Prevention Beats Cleanup

04:20 Litigation Cost Control Tips

05:03 Wrap Up

Business Owner’s Guide to Lawsuit Readiness

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 10 Mar 2026 07:00:00 -0400

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.

00:00 Served with a Lawsuit

00:54 Take a Deep Breath

01:43 Avoid Chatbots and AI

02:27 Call Your Lawyer Fast

02:49 Privilege and Deadlines

03:43 Don’t Respond in Anger

04:37 Wrap Up and Next Time

Legal News Headlines vs. Reality

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 03 Mar 2026 07:00:00 -0500

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.

00:00 Why Headlines Mislead
01:04 Read Beyond the Article
01:57 Context and Case Nuance
03:13 Decisions Change Behavior
04:03 Practical Takeaways
04:19 Wrap Up

Negotiation Tips for Business Owners

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 24 Feb 2026 07:00:00 -0500

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.

00:00 Welcome + Why Negotiation Matters for Business Owners

01:07 Know What You’re Stepping Into: Risks, Record, and Strategy Before You Negotiate

01:34 Two Sides of Every Deal: Your Legal Hand vs. the Human Factor

02:15 Setting Realistic Expectations (Even With a “Slam Dunk” Case)

03:42 Leverage, Mediation, and the Myth of ‘Winning’ a Negotiation

04:22 Your Walk-Away Power: Alternatives, Confidence, and the Car-Buying Analogy

04:55 Patience in the Process: Time, Pressure, and Mental Prep

05:45 Wrap-Up and Final Takeaways

Managing Conflict and Controversy in the Workplace

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 17 Feb 2026 07:00:00 -0500

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.

00:00 Introduction to Managing Workplace Conflict

00:20 Current Events and Workplace Dynamics

00:53 Handling Controversial Topics at Work

02:10 Balancing Freedom of Speech and Workplace Harmony

02:52 Importance of Policies and Training

05:08 Leadership and Setting the Example

Valentine's Day Insights on Office Romance

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 10 Feb 2026 07:00:00 -0500

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.

00:00 Introduction and Valentine's Day Theme

00:15 Workplace Relationships Statistics

00:50 Challenges for Employers

01:29 Legal Considerations and Policies

02:28 Managing Office Romances

03:17 Company Size and Policy Flexibility

04:54 Supervisors and Different Standards

05:34 Conclusion and Final Thoughts

Strategies for Business Resilience in Weather Crises

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 03 Feb 2026 07:00:00 -0500

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.

00:00 Introduction to Weather Interruptions

00:55 Importance of Having a Plan

01:33 Employee Safety and Business Continuity

02:02 Flexibility and Community Building

03:57 Handling Compensation Issues

04:58 Conclusion and Final Thoughts

Investing in Employees Amidst 2026 Legal Changes

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 27 Jan 2026 07:00:00 -0500

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.

00:00 Introduction and New Year Kickoff

00:45 Emerging Trends in Employment Laws

02:08 Understanding Training, Repayment, Agreement, Provisions (TRAP)

02:58 Implications for Employers Across States

04:05 Navigating Legal Changes and Protecting Investments

04:41 Conclusion and Final Thoughts

Effective Management During Employee Leave

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 20 Jan 2026 07:00:00 -0500

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.

00:00 Introduction and Greetings

00:19 Managing Employees on Leave: Key Considerations

02:10 Proactive Performance Management

03:16 Navigating Employee Leave Requests

04:13 Conclusion and Farewell

Foundations of Effective Succession Planning

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 13 Jan 2026 07:00:00 -0500

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.

00:00 Introduction to Succession Planning
00:59 Importance of Standard Operating Procedures
02:03 Planning for Timing and Communication
03:24 Training and Transition Period
04:05 Ensuring Stability During Transitions
04:37 Adapting to New Leadership
05:00 Conclusion and Final Thoughts

Adapting to the Evolving Marijuana Legislation

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 06 Jan 2026 07:00:00 -0500

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.

00:00 Introduction to Federal Reclassification of Marijuana

00:45 Implications for Employers and Business Owners

01:25 Evolving Treatment of Cannabis in the Workplace

02:37 Health-Related Aspects and Future Developments

03:48 State Regulations and Multi-State Employer Challenges

04:19 Conclusion and Final Thoughts

2026 Legal Forecast on AI and Regulations

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 30 Dec 2025 07:00:00 -0500

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.

00:00 Introduction and Year-End Reflection

00:24 Planning for 2026: Legal Considerations

00:44 The Impact of AI on Business and Law

02:16 State vs. Federal Regulations on AI

04:02 Conclusion and Predictions for 2026

Incentivizing Employees with Phantom Equity

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 16 Dec 2025 19:00:00 -0500

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.

00:00 Introduction to Incentive Compensation

00:48 Understanding Phantom Equity

01:30 Benefits and Uses of Phantom Equity

02:25 Comparing Phantom Equity to Actual Equity

03:53 Conclusion and Final Thoughts

Navigating Workplace Investigations and Follow-Ups

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 09 Dec 2025 07:00:00 -0500

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.

00:00 Introduction to Workplace Investigations

00:17 Types of Investigations and Common Issues

00:58 Addressing Findings and Immediate Actions

01:29 Disciplinary Actions and Considerations

02:17 Balancing Legal Risks and Business Operations

04:38 Conclusion and Final Thoughts

Balancing Fun and Professionalism at Holiday Parties

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 02 Dec 2025 07:00:00 -0500

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.

00:00 Introduction to Holiday Parties
01:02 Workplace Rules Still Apply
01:47 Planning and Executing the Event
02:39 Balancing Fun and Professionalism
03:14 Conclusion and Farewell

End-of-Year Policy and Training Checkup

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 25 Nov 2025 07:00:00 -0500

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.

00:00 Introduction and Year-End Reflections
00:31 Importance of Policy Review and Training
00:58 Health Precautions During Flu Season
01:18 Compliance and Best Practices
02:07 Gathering Safely During the Holidays
03:01 Proactive Policy Reminders
03:20 Conclusion

Crafting Motivational Bonus Plans

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 18 Nov 2025 07:00:00 -0500

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.

00:00 Introduction to Bonus Plans

00:47 Key Considerations for Bonus Plans

01:00 Aligning Bonus Plans with Organizational Goals

01:43 Clarity and Communication in Bonus Plans

02:38 Legal Risks and Clear Communication

03:40 Conclusion and Final Thoughts

Defining Roles and Responsibilities within an Organization

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 11 Nov 2025 07:00:00 -0500

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.

00:00 Introduction to Organizational Structure

00:13 Board Governance and Operations

01:10 Legal Documents and Clarity

01:50 Decision-Making Processes

02:41 Importance of Clear Policies

04:24 Agility in Business

04:57 Periodic Review and Adaptation

05:16 Conclusion

Welcome to OK at Work

Russell Berger & Sarah Sawyer, Offit Kurman — Wed, 05 Nov 2025 16:15:22 -0500

Welcome to OK at Work.

Join hosts Russell Berger and Sarah Sawyer every week as they discuss 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.

Please be sure to like and subscribe to OK at Work wherever podcasts are found and stay up-to-date on issues and events that may impact you and your business.

How to Plan Ahead with Employment Agreements

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 04 Nov 2025 07:00:00 -0500

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.

00:00 Introduction to Executive Compensation Agreements

00:58 Key Clauses in Executive Agreements

01:29 Importance of Term Employment

02:00 Considerations for Founders and Growing Businesses

02:45 Planning Ahead for Business Transitions

03:32 Final Thoughts

AI's Impact on Professional Practices

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 28 Oct 2025 07:00:00 -0400

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.

00:00 Introduction to AI in the Workplace

00:21 The Growing Use of AI Tools

00:48 Legal Considerations for Using AI

01:38 The Importance of Expertise and Training

02:31 Risks of Relying Solely on AI

03:39 Balancing AI with Human Judgment

04:38 The Future of AI and Prompt Engineering

04:58 Conclusion and Final Thoughts

Insights into Best Pre-Litigation Negotiation Practices

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 21 Oct 2025 07:00:00 -0400

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.

00:00 Introduction to Pre-Litigation Negotiations

01:18 Understanding the Negotiation Process

02:10 Creating Leverage in Negotiations

02:58 Balancing Emotions and Practicality

03:58 Knowing Your Opponent

04:47 Preparing for Possible Outcomes

05:44 Conclusion and Final Thoughts

Managing Workforce Challenges During Shutdowns

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 14 Oct 2025 09:00:00 -0400

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.

00:00 Introduction to Government Shutdown and Economic Uncertainty

00:24 Impact of Volatility on Businesses

00:53 Employer Strategies During Economic Uncertainty

02:25 Legal Considerations for Furloughs and Workforce Reductions

03:11 Long-term Planning and Flexibility

04:28 Conclusion and Final Thoughts

Guide to Maryland's New Data Privacy Laws for Business Owners

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 07 Oct 2025 07:00:00 -0400

Join Sarah Sawyer and Russell Berger as they discuss Maryland's new online data privacy laws with expert 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.

00:00 Introduction and Guest Introduction

00:48 Overview of Maryland Online Data Privacy Act

01:45 Compliance Requirements for Business Owners

02:48 Data Collection and Processing Standards

05:52 Sensitive Data and Employer Responsibilities

07:03 Key Takeaways and Conclusion

The Art of the Cease and Desist

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 30 Sep 2025 07:00:00 -0400

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.

00:00 Introduction to Cease and Desist Letters

00:45 Key Considerations Before Sending a Cease and Desist

01:39 Case-Specific Analysis and Timing

02:06 Potential Reactions and Strategic Decisions

03:03 Alternatives to Cease and Desist Letters

03:42 Conclusion and Final Thoughts

How to Handle Employee Misconduct When It Impacts Your Business

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 23 Sep 2025 07:00:00 -0400

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.

00:00 Introduction: Addressing Employee Misconduct

00:48 Types of Employee Misconduct

01:06 Insurance and Employee Negligence

02:17 Employment Actions and Reputational Harm

03:26 Legal Remedies and Preventative Measures

04:05 Conclusion and Final Thoughts

Partnering for Business Success

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 16 Sep 2025 07:00:00 -0400

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.

00:00 Introduction to Business Relationships

01:16 Key Questions Before Partnering

01:37 Long-term Planning and Alignment

02:25 Rules of Engagement in Partnerships

02:47 Adapting to Change and Future Disputes

03:54 Entrepreneurial Spirit and Partnerships

04:30 Conclusion and Final Thoughts

Could Your Business Be a Joint Employer Without Knowing It?

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 09 Sep 2025 07:00:00 -0400

In this week’s OK at Work, attorneys Sarah Sawyer and Russell Berger discuss the concept of joint employment and its implications for businesses. Learn when joint employment applies, the risks involved, and practical steps employers can take to avoid unexpected liabilities.

0:07 – Introduction and Overview of Joint Employment
1:07 – Main Risks and Wage Obligations in Joint Employment
2:01 – Real-World Examples and Common Scenarios
2:33 – Avoiding Surprises and Planning Ahead
4:11 – Final Reminders and Closing Thoughts

Building a Team of Trusted Advisors

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 02 Sep 2025 07:00:00 -0400

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this week's episode of OK at Work as they discuss the critical role of trusted professionals for business owners. They emphasize the significance of forming a comprehensive team of advisors—legal, accounting, tax, banking, and insurance—to provide well-rounded, strategic advice. Russell highlights the need for alignment and thorough understanding of a business’s goals by advisors, while Sarah underscores the importance of open communication to ensure advisors can offer the best guidance. Learn how to build effective professional relationships to benefit your business.

00:00 Introduction to Trusted Professionals

00:59 Building Your Team of Advisors

01:15 The Importance of Alignment and Communication

01:59 The Value of Proactive Advice

02:13 Providing Complete Information to Advisors

03:17 Scenarios and Challenges in Business Advice

03:59 Conclusion and Final Thoughts

Protect Yourself and Your Business with Indemnification Understanding

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 26 Aug 2025 07:00:00 -0400

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss indemnification clauses in contracts. They explain what indemnification means, its implications, and the importance of carefully reviewing and customizing these clauses in various contexts such as employment, mergers, and acquisitions. Learn why these often-overlooked boilerplate sections in a contract could be key to understanding potential liabilities and protecting yourself in business dealings.

00:00 Introduction to Indemnification
00:28 Understanding Indemnification Clauses
01:05 Contexts and Limitations of Indemnification
01:48 Importance of Indemnification in Contracts
02:14 Risk Transfer in Employment and Construction
02:44 Key Takeaways on Indemnification
02:58 Conclusion

How to Balance Diverse Views in the Office

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 19 Aug 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the challenges surrounding workplace communications on controversial topics. They explore the impact of such conversations on productivity and the importance of balancing employee freedom with maintaining a conducive work environment. They also provide insights into navigating anti-discrimination and anti-harassment laws while creating policies to manage discussions that may cause discomfort among employees.

00:00 Introduction to Workplace Communications

01:06 Navigating Anti-Discrimination and Anti-Harassment Laws

01:34 Managing Sensitive Topics in the Workplace

02:04 Balancing Productivity and Employee Comfort

03:46 Implementing Effective Workplace Policies

04:15 Conclusion and Final Thoughts

Strengthening Your Hiring Process

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 12 Aug 2025 07:00:00 -0400

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this week's episode of OK at Work as they discuss essential recruiting and hiring practices. Learn about the importance of having a structured process to ensure compliance with state laws and avoid discriminatory practices. Discover key considerations for job postings, proper candidate classification, and conducting fair and equitable interviews. This episode emphasizes the critical role of maintaining a consistent, legally sound hiring process.

00:00 Introduction to Recruiting and Hiring Practices

00:38 Understanding the Need for a Hiring Process

01:27 Creating Accurate Job Descriptions

02:06 Posting and Interviewing Candidates

02:33 Legal Considerations in Hiring

02:58 Ensuring a Fair and Consistent Process

04:39 Key Takeaways and Conclusion

Non-Disparagement Tips for Employers

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 05 Aug 2025 07:00:00 -0400

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of non-disparagement clauses in separation agreements. They explain the difference between disparagement and defamation and emphasize the importance of careful drafting to ensure enforceability. The conversation includes practical considerations on maintaining positive communication, protection from damaging opinions, and the necessity of a structured messaging plan when employees depart.

00:00 Introduction to Non-Disparagement

01:02 Understanding Disparagement vs. Defamation

01:51 Non-Disparagement in Separation Agreements

02:54 Practical Considerations and Internal Communication

04:25 Conclusion and Final Thoughts

The Journey of Litigation

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 29 Jul 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss various aspects of litigation. They highlight that most litigation cases don't go to trial, benefiting both courts and taxpayers. The conversation covers critical exit points in civil litigation, such as motions to dismiss and summary judgments, which can resolve cases before reaching trial. They also touch on the role of settlements and the complexities involved in the litigation process.

00:00 Introduction to Litigation

00:15 The Lengthy Process of Litigation

00:49 Resolution Before Trial

01:18 Legal Motions: Dismissal and Summary Judgment

02:23 Challenges and Considerations in Litigation

03:40 Conclusion and Final Thoughts

Maryland's Sales Tax on IT and Data Services

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 22 Jul 2025 07:00:00 -0400

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the newly implemented sales tax on IT and data services in Maryland. They explore the implications for business owners in the IT sector, detailing the need for registration, tax collection, and the nuanced questions that arise from the new legislation. Understand how this 3% tax could impact pricing models, long-term contracts, and interstate business competition. Stay informed on how to navigate this significant change that was effective on July 1st.

00:00 Introduction to Maryland's New Sales Tax on IT Services

00:47 Scope and Impact of the New Tax

01:28 Implementation and Compliance Challenges

02:25 Industry Reactions and Future Considerations

03:12 Conclusion and Final Thoughts

Understanding the New Overtime Tax Policies in the Big Beautiful Bill

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 15 Jul 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger break down the recently passed 'big, beautiful bill' and its implications for employers and employees regarding new tax policies on overtime wages. They discuss the tax breaks available under the FLSA, the changes in reporting requirements for W2 forms, potential challenges for employers, and how these changes might affect overtime work incentives. Tune in to find out how to manage these new regulations efficiently.

00:00 Introduction to the Big Beautiful Bill

00:28 New Tax Policies on Overtime Wages

01:31 Employer Responsibilities and Compliance

02:48 Practical Implications for Businesses

04:01 Conclusion and Final Thoughts

Essential Steps to Sell Your Business

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 08 Jul 2025 07:00:00 -0400

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the essential steps business owners need to take to prepare for selling their business. Topics include ensuring your business operations are in order, securing intellectual property, compliance with employment laws, and developing a tax strategy. Learn the importance of early preparation and detailed due diligence to position your business for a successful sale.

00:00 Introduction to Selling Your Business

00:47 Preparing Your Business for Sale

01:15 Ensuring Compliance and Efficiency

02:02 Ownership and Intellectual Property

03:19 Tax Strategies and Planning

04:01 Conclusion and Final Thoughts

Summer Strategies for Work Success

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 24 Jun 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the unique challenges that summer brings for employers and businesses. With school out and vacation plans increasing, they highlight key considerations such as managing PTO, maintaining workflow continuity, addressing cybersecurity risks during travel, and ensuring worker safety in extreme weather conditions. Tune in for practical advice on preparing your business for the summer months.

00:00 Introduction and Summer Overview

00:40 Managing PTO During Summer

01:13 Ensuring Continuity of Work

01:46 Cybersecurity Concerns with Employee Travel

03:56 Safety Protocols for Outdoor Workers

04:36 Preparing for Summer Challenges

04:55 Conclusion and Final Thoughts

Crafting Effective Flexible Leave Policies for Employers

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 17 Jun 2025 09:25:48 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the nuances of flexible leave policies, often mistakenly referred to as unlimited PTO. They explore the critical distinctions between terms like 'unlimited' and 'flexible,' the challenges in managing such policies, and the necessity of clear boundaries and approval processes. The conversation also covers the interaction between flexible leave and other types of protected leave, such as FMLA, emphasizing the importance of well-structured policies to ensure both employee respect and employer control. Join the discussion to gain insights into effectively implementing flexible leave policies in your organization.

00:00 Introduction to Leave Policies

01:00 Understanding Flexible Leave

01:30 Setting Limits and Parameters

02:30 Interaction with Other Leave Types

03:41 Communication and Professionalism

04:14 Conclusion

Handling References and Referrals While Safeguarding Your Business

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 10 Jun 2025 07:00:00 -0400

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger discuss important considerations for employers regarding employee references and referrals. Businesses need a centralized response system and a standardized policy for neutral references. Learn what the potential legal risks are associated with offering detailed evaluations. They also touch on how to handle references in severance agreements and the importance of remaining neutral to avoid complications. Join Sarah and Russell as they go over how to practically handle reference requests effectively and safely.

00:00 Introduction to Employee References and Referrals

01:04 Centralized Response and Policy Importance

01:54 Legal Risks and Neutral References

02:21 Emotional Factors and Practical Considerations

03:24 Severance Agreements and Negotiated References

04:08 Conclusion and Final Thoughts

Legal and Practical Considerations of Adapting Employment Contracts

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 03 Jun 2025 10:06:29 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman explore the essential aspects of employment agreements. They discuss the importance of these agreements both at the beginning of an employment relationship and throughout its duration. The conversation includes considerations for at-will employment, the impact of state laws, and the practical and legal nuances of updating employment terms. Employers are urged to stay adaptable and thoughtful about their employment agreements, especially when circumstances change, such as promotions or policy updates. Join Sarah and Russell as they provide valuable insights on how to effectively manage employment agreements in your business.

00:00 Introduction to Employment Agreements
00:23 When to Consider Employment Agreements
00:55 State-Specific Considerations
01:36 Practical Implications of Employment Agreements
02:10 Handling Employee Refusals
03:04 Adapting Agreements for Promotions and New Roles
03:38 Final Thoughts and Best Practices
04:04 Conclusion

Your Guide to Dealing with Subpoenas

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 03 Jun 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman delve into the topic of subpoenas. They discuss what a subpoena is, who can receive one, and the proper steps to take when served. The episode highlights the importance of addressing subpoenas promptly, understanding what documents and testimonies are required, and the potential risks involved. They also explain the differences between being served with a subpoena vs. a lawsuit, and the significance of being prepared and precise when testifying under oath. This informative session is essential for anyone looking to navigate the complexities of legal subpoenas effectively.

00:00 Introduction to Subpoenas

00:15 Understanding the Nature of Subpoenas

01:15 Initial Steps When Served with a Subpoena

01:38 Handling Document Production

02:00 Legal Advice and Risks

03:02 Testifying Under Oath

03:50 Conclusion and Final Thoughts

OK at Work: Safeguarding Your Business Data

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 27 May 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of protecting sensitive business information such as client lists and proprietary data. Using the 'everlasting gobstopper' from Willy Wonka as a metaphor, they emphasize the need for businesses to treat their confidential information as trade secrets by implementing robust security measures. The discussion covers strategies like setting up IT alerts to monitor data access, ensuring appropriate storage practices, and understanding the functionality of monitoring technologies. Tune in for practical guidance on safeguarding your business's valuable information.

00:00 Introduction to Business Information Security
00:36 The Importance of Protecting Sensitive Information
01:54 Monitoring and Alerts for Data Security
02:58 Utilizing Technology for Information Security
04:03 Physical and Digital Security Measures
04:25 Conclusion and Final Thoughts

Strategies for Business Resilience in Uncertain Times

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 20 May 2025 07:00:00 -0400

In this week's episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman discuss the impact of current economic uncertainty on business transactions. They share insights on how businesses can protect themselves, with a focus on tightening contracts, securing interests, and creative financing strategies. Whether you’re buying or selling a business, this episode offers practical advice on minimizing risk and making informed decisions in a volatile market.

00:00 Introduction and Overview
00:17 Current Market Conditions and Uncertainty
01:13 Legal Considerations for Businesses
02:17 Contracting and Risk Management
03:36 Final Thoughts and Creative Approaches
03:48 Conclusion

Navigating Contractor vs. Employee Classification

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 13 May 2025 07:00:00 -0400

In this episode of OK at Work, Sarah Sawyer and Russell Berger from Offit Kurman delve into the intricate and often confusing topic of independent contractor classification. They discuss the various tests and criteria used at both federal and state levels, including IRS, unemployment, workers' compensation, and FLSA wage laws. The episode highlights recent updates from the Trump administration, which have reverted back to previous Department of Labor guidelines, contrasting with the changes made during the Biden administration. The hosts emphasize the importance of a thorough and thoughtful analysis when classifying individuals as independent contractors to ensure compliance with the law. Tune in to understand the complexities and avoid the pitfalls of misclassification.

00:00 Introduction to Independent Contractor Role

00:59 Complexities of Classification Tests

01:52 Federal vs. State Guidelines

02:48 Factors in Classification Decisions

03:56 Importance of Thoughtful Analysis

04:21 Conclusion and Final Thoughts

The Changing Landscape of EEOC Enforcement and Disparate Impact

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 06 May 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss a new executive order directing the EEOC not to pursue or investigate claims of disparate impact. They explain the concept of disparate impact, its relevance under Title VII, and how this executive order changes EEOC's enforcement practices. The discussion clarifies that while the law remains intact, enforcement priorities may shift, and underscores the importance for employers to remain aware and compliant with both federal and state laws regarding discrimination.

00:00 Introduction to This Week's Topic
00:36 Understanding Disparate Impact
01:25 Executive Order's Impact on EEOC
02:06 Legal Implications and Misconceptions
02:58 Practical Advice for Employers
04:11 Conclusion and Final Thoughts

Ensuring Success with Executive Agreements

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 29 Apr 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the importance of executive employment agreements for key employees such as CEOs, CFOs, and COOs. They cover why these agreements are crucial, what organizations should consider, and the balance of protecting business interests while offering incentives to top executives. Tune in to learn about bonus structures, equity incentives, severance terms, and strategies to ensure smooth transitions and set a solid foundation for impactful leadership.

00:00 Introduction to Executive Employment Agreements
00:56 Key Considerations for Executive Roles
01:07 The Importance of Executive Agreements
02:00 Negotiating Executive Employment Terms
02:36 Benefits of Pre-Agreed Separation Terms
03:28 Concluding Thoughts on Executive Agreements

Essentials for Balancing Taxes and Legal Risk

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 15 Apr 2025 07:00:00 -0400

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the essentials for balancing taxes and legal risk. They explore how tax considerations play a critical role in various legal contexts, including business setups, settlements, lawsuits, and ownership changes. The conversation emphasizes the importance of consulting with accountants and tax attorneys to ensure compliance and make informed decisions. Discover strategies for integrating tax planning into your legal and business frameworks to mitigate risks and optimize outcomes.

00:00 Introduction to Tax Season

00:50 The Importance of Considering Tax Consequences

01:39 Tax Strategies in Legal and Business Contexts

02:18 Collaborating with Tax Professionals

02:31 Holistic Approach to Business Decisions

03:00 Conclusion and Farewell

The Power of Lawyer Letters

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 08 Apr 2025 07:00:00 -0400

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman in this week's episode of OK at Work as they delve into the topic of pre-litigation letters. They explore the different types of lawyer letters, such as demand letters and cease and desist letters, and discuss how these letters can be strategic tools to resolve conflicts before heading to court. Learn about the nuances, purposes, and potential impacts of sending such letters and why they might be a valuable step in mitigating disputes.

00:00 Introduction to Pre-Litigation Letters
00:57 Understanding Lawyer Letters
01:24 Types of Lawyer Letters: Demand vs. Cease and Desist
02:31 Strategic Use of Cease and Desist Letters
03:47 Engaging with the Other Side
04:25 Conclusion and Final Thoughts

Crafting Effective Performance Improvement Plans

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 01 Apr 2025 11:43:36 -0400

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the essential role of documentation in progressive discipline and performance plans for employees. Learn the steps involved in creating effective performance plans, how to tailor documentation to specific issues, and how proper documentation aids in both legal protection and improving employee performance. Understand the importance of communication tools and strategies to guide employees towards success or manage them out when necessary.

00:00 Introduction to Progressive Discipline

00:50 Steps in Progressive Discipline

01:32 Flexibility in Disciplinary Actions

02:11 Using Documentation and Forms

02:54 Setting Goals and Communication

03:41 Coaching and Managing Employees

04:22 Conclusion and Final Thoughts

Keeping Up with Exemption Threshold Regulations

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 25 Mar 2025 07:00:00 -0400

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman on this week's episode of OK at Work as they delve into the intricacies of the salary basis test for overtime exemptions under the FLSA. They discuss the current federal requirements, clarify the confusion around recent changes and litigation, and offer insights on how to navigate this evolving legal landscape. Learn about the current salary threshold, potential steps for compliance, and the limitations of relying on online information for legal guidance.

00:00 Introduction to This Week's Topic
00:13 Understanding the Salary Basis Test
01:04 Current State of the Salary Basis Requirement
02:06 Legal Challenges and Confusion
03:21 Practical Implications and Advice
04:00 Conclusion and Final Thoughts

Staying Ahead with Federal Government's Impact on Business

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 18 Mar 2025 07:00:00 -0400

Join Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, as they discuss the significant impact of recent federal government changes on businesses, especially those engaging in government contracts and federal purchasing. They explore potential economic effects, the importance of adapting business strategies, and the likelihood of contract disputes arising from rapid executive orders. Tune in for key insights to help business owners stay prepared and responsive in a rapidly evolving landscape.

00:00 Introduction to Federal Government Impact on Businesses

00:51 Potential Economic Effects of Federal Spending Changes

01:49 Preparing for Industry Shifts and Opportunities

02:07 Legal Implications and Contract Disputes

02:59 Strategies for Business Adaptation

03:57 Conclusion and Final Thoughts

Building and Exiting Business Partnerships

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 11 Mar 2025 07:00:00 -0400

Join attorneys Sarah Sawyer and Russell Berger from Offit Kurman as they discuss the dynamics of business relationships. In this episode of OK at Work, they explore the importance of proactive planning in partnerships, the challenges of business 'divorces,' and the necessity of clear roles and exit strategies to help businesses thrive even when conflicts arise.

00:00 Introduction to Business Relationships

00:54 The Dynamics of Business Partnerships

01:15 Planning for Business Exits

02:26 Proactive Measures in Business

03:09 Handling Business Conflicts

04:30 Conclusion and Final Thoughts

The Litigation Landscape Explained

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 04 Mar 2025 07:00:00 -0500

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman delve into the complexities of business litigation. They discuss various types of litigation that business owners might face, such as commercial arbitration, class actions, and equitable relief. The conversation highlights the importance of strategic planning, understanding different litigation forums, and early professional engagement to navigate the legal landscape effectively. Whether you're looking to avoid litigation or find efficient recovery paths, this episode offers valuable insights for business owners.

00:00 Introduction to Litigation

00:38 Types of Litigation Business Owners Face

01:56 Strategies and Tactics in Litigation

02:38 Preventive Measures and Agreements

04:09 The Importance of Early Legal Involvement

04:55 Conclusion and Final Thoughts

Exploring Paid Family Leave in Maryland for Employers

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 25 Feb 2025 07:00:00 -0500

Join Sarah Sawyer, Russell Berger, and guest Ben Bohonowicz as they discuss the current status and implications of Maryland's Paid Family and Medical Leave Act. Originally set for implementation in 2025, recent updates have delayed the program. Ben, the Senior Vice President, Division Director of Employee Benefits at RCM&D, provides insights on the act's impact on employers, the necessity for coordination with existing benefits, and how employers can prepare for future changes. Tune in to learn about the intricacies of paid leave programs and what employers need to know to stay compliant and competitive.

00:00 Introduction and Overview
00:29 Background of the Maryland Family Program
01:32 Employer Preparations and Challenges
02:26 Coordination with Existing Benefits
03:26 Employer Strategies and Perspectives
06:19 Multi-State Employer Challenges
08:13 Conclusion and Final Thoughts

Recruitment in a Changing Federal Landscape

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 18 Feb 2025 07:00:00 -0500

In this week's episode of OK at Work, Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss the recruitment of new hires in light of recent changes in federal government employment under the new presidential administration. The discussion includes strategies for attracting experienced federal workers affected by job terminations, layoffs, or changes in remote work policies. Given the unique impact on the DMV area, the conversation highlights the potential for private sector employers to create stable, flexible, and appealing work environments to attract these talented individuals. They also explore the added value these seasoned professionals could bring to private organizations.

00:00 Introduction and Overview

00:21 Impact of Federal Job Changes on Recruitment

00:49 Opportunities for Private Sector Employers

01:37 Leveraging Remote Work as a Recruitment Tool

02:14 Creating a Culture of Stability

02:27 Highlighting Stability in Recruitment Efforts

02:54 Benefits of Hiring Former Federal Employees

03:34 Conclusion and Final Thoughts

Preparing Employers for ICE Enforcement

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 11 Feb 2025 07:00:00 -0500

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the recent surge in ICE enforcement actions and changes in immigration policy under the Trump administration. They provide crucial advice for employers on how to handle ICE inspections and deportation warrants, emphasizing the importance of I-9 compliance and the option of using E-Verify. Tune in to stay informed and ensure your business is prepared.

00:00 Introduction to OK at Work

00:05 ICE Enforcement Actions and Immigration Policy Changes

00:34 Employer Concerns and Procedures for ICE Visits

02:01 I-9 Compliance and Best Practices

02:29 E-Verify and Business Continuity

03:18 Considering Alternatives

04:03 Conclusion and Podcast Announcement

Successful Strategies for Employee Transitions

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 04 Feb 2025 07:00:00 -0500

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss essential strategies for managing employee transitions. As the new year prompts organizational changes, they offer guidance on planning restructures, handling terminations, and ensuring stability. Learn how to navigate these changes effectively for a smoother workflow.

00:00 Introduction to Employee Transitions

00:51 Planning for Organizational Restructuring

01:32 Managing Employee Roles and Severance

02:19 Communicating Changes Effectively

03:00 Formalizing Transitions and Agreements

03:49 Conclusion and Final Thoughts

Adapting to Changes in a New Presidential Era

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 28 Jan 2025 07:00:00 -0500

In this week's episode of OK at Work, attorneys Sarah Sawyer and Russell Berger from Offit Kurman discuss the legal implications following the recent inauguration. They break down the roles of various branches of government, the impact of executive orders, and what businesses should consider amidst the barrage of headlines. Emphasizing caution over reactionary measures, they advise companies to analyze laws and understand the positions of federal agencies and courts before making decisions. Additionally, they highlight the importance of considering state laws and staying informed about changes in agency priorities.

00:00 Introduction and Inauguration Overview

00:45 Understanding Legislative and Executive Branches

01:08 Impact of Executive Orders and Agency Changes

02:37 State Laws and Business Considerations

03:41 Concluding Thoughts and Future Outlook

Navigating Customer Terms and Usage

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 21 Jan 2025 09:00:00 -0500

On this week's OK at Work, Sarah Sawyer and Russell Berger discuss strategies for both the terms and usage of customer contracts. Listen to learn more.

Navigating Snow Days, Office Closures, and Remote Work Planning

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 14 Jan 2025 09:00:00 -0500

On this week's OK at Work, Sarah Sawyer and Russell Berger discuss both compensation and engagement issues related to snow days and other unexpected office closures, as well as the value of planning ahead for remote work. Listen to learn more.

Managing Employee Performance During Investigations and Workplace Complaints

Russell Berger & Sarah Sawyer, Offit Kurman — Tue, 07 Jan 2025 09:00:00 -0500

On this week's OK at Work, Sarah Sawyer and Russell Berger discuss the challenges associated with and actions that can be taken with respect to managing employee performance during an investigation and following a workplace complaint that may entitle the employee to protection against retaliation. Listen to learn more.

Driving Team Buy-In and Managing Risks for 2025 Strategies

Russell Berger & Sarah Sawyer, Offit Kurman — Thu, 02 Jan 2025 09:00:00 -0500

On this week's OK at Work, Sarah Sawyer and Russell Berger discuss how implementations of new plans and strategies for 2025 will require thoughtful internal change from management to ensure both team buy-in and effective risk management. Listen to learn more.