OK at Work

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.00:00 Fixing Legal Mistakes01:13 How Problems Surface01:54 Plan and Message Changes02:56 Avoid Knee Jerk Fixes04:16 Unwinding Complex Policies04:45 Strategic Implementation Options05:32 Scope It Out and Wrap Up

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.00:00 Family Business Risks01:27 Governance Ground Rules02:03 Operating Agreement Essentials02:57 Hiring Family Legally03:52 Role Clarity Operations04:33 Sale Prep Paperwork05:37 Wrap Up

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.00:00 Contract Review Intro00:42 Common Owner Concerns01:12 Use Your Own Templates01:46 Business vs Legal Terms02:32 Intent and Mutual Understanding03:51 Know Before You Sign04:16 Red Flags and When to Ask04:47 Wrap Up

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.00:00 Hiring Law Overview01:11 Applicants Get Protections01:37 Ban the Box Pay Rules02:07 Build Interview Protocols02:22 Exceptions Patchwork Nuance03:44 Background Checks FCRA Steps04:55 Wrap Up 

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. 00:00 Welcome and Topic00:13 Happy Employees Sue Less00:44 Beyond Box Checking01:10 Coaching to Change Behavior01:51 Build A Productive Team02:55 Know Your Audience03:21 Desk Method Framework03:57 Communication and Documentation04:21 Wrap Up and Goodbye

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 Risks00:49 Privilege and Confidentiality01:23 OpenAI Terms and Exposure01:45 Recent Cases and Pitfalls02:27 Don’t Use AI for Defense03:22 Accuracy Limits of AI04:17 Use AI With Your Lawyer04:38 WebMD Printout Analogy05:06 Key Takeaways and Wrap05:54 Closing Goodbye

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 Governance00:52 Data Everywhere Today01:29 Retention and Disposal Basics01:44 Build a Governance Playbook02:34 What to Keep and Why03:32 Know Your Data Sources04:05 Control Access to Records04:27 Implement and Wrap Up

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 Overview01:09 Budgeting Routine Compliance01:55 Forecasting Litigation Spend02:32 External Forces and Disputes03:44 Prevention Beats Cleanup04:20 Litigation Cost Control Tips05:03 Wrap Up

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 Lawsuit00:54 Take a Deep Breath01:43 Avoid Chatbots and AI02:27 Call Your Lawyer Fast02:49 Privilege and Deadlines03:43 Don’t Respond in Anger04:37 Wrap Up and Next Time

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 Mislead01:04 Read Beyond the Article01:57 Context and Case Nuance03:13 Decisions Change Behavior04:03 Practical Takeaways04:19 Wrap Up

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 Owners01:07 Know What You’re Stepping Into: Risks, Record, and Strategy Before You Negotiate01:34 Two Sides of Every Deal: Your Legal Hand vs. the Human Factor02:15 Setting Realistic Expectations (Even With a “Slam Dunk” Case)03:42 Leverage, Mediation, and the Myth of ‘Winning’ a Negotiation04:22 Your Walk-Away Power: Alternatives, Confidence, and the Car-Buying Analogy04:55 Patience in the Process: Time, Pressure, and Mental Prep05:45 Wrap-Up and Final Takeaways

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 Conflict00:20 Current Events and Workplace Dynamics00:53 Handling Controversial Topics at Work02:10 Balancing Freedom of Speech and Workplace Harmony02:52 Importance of Policies and Training05:08 Leadership and Setting the Example

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 Theme00:15 Workplace Relationships Statistics00:50 Challenges for Employers01:29 Legal Considerations and Policies02:28 Managing Office Romances03:17 Company Size and Policy Flexibility04:54 Supervisors and Different Standards05:34 Conclusion and Final Thoughts

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 Interruptions00:55 Importance of Having a Plan01:33 Employee Safety and Business Continuity02:02 Flexibility and Community Building03:57 Handling Compensation Issues04:58 Conclusion and Final Thoughts

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 Kickoff00:45 Emerging Trends in Employment Laws02:08 Understanding Training, Repayment, Agreement, Provisions (TRAP)02:58 Implications for Employers Across States04:05 Navigating Legal Changes and Protecting Investments04:41 Conclusion and Final Thoughts

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 Greetings00:19 Managing Employees on Leave: Key Considerations02:10 Proactive Performance Management03:16 Navigating Employee Leave Requests04:13 Conclusion and Farewell

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 Planning00:59 Importance of Standard Operating Procedures02:03 Planning for Timing and Communication03:24 Training and Transition Period04:05 Ensuring Stability During Transitions04:37 Adapting to New Leadership05:00 Conclusion and Final Thoughts

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 Marijuana00:45 Implications for Employers and Business Owners01:25 Evolving Treatment of Cannabis in the Workplace02:37 Health-Related Aspects and Future Developments03:48 State Regulations and Multi-State Employer Challenges04:19 Conclusion and Final Thoughts

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 Reflection00:24 Planning for 2026: Legal Considerations00:44 The Impact of AI on Business and Law02:16 State vs. Federal Regulations on AI04:02 Conclusion and Predictions for 2026

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 Compensation00:48 Understanding Phantom Equity01:30 Benefits and Uses of Phantom Equity02:25 Comparing Phantom Equity to Actual Equity03:53 Conclusion and Final Thoughts

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 Investigations00:17 Types of Investigations and Common Issues00:58 Addressing Findings and Immediate Actions01:29 Disciplinary Actions and Considerations02:17 Balancing Legal Risks and Business Operations04:38 Conclusion and Final Thoughts

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 Parties01:02 Workplace Rules Still Apply01:47 Planning and Executing the Event02:39 Balancing Fun and Professionalism03:14 Conclusion and Farewell

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 Reflections00:31 Importance of Policy Review and Training00:58 Health Precautions During Flu Season01:18 Compliance and Best Practices02:07 Gathering Safely During the Holidays03:01 Proactive Policy Reminders03:20 Conclusion

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 Plans00:47 Key Considerations for Bonus Plans01:00 Aligning Bonus Plans with Organizational Goals01:43 Clarity and Communication in Bonus Plans02:38 Legal Risks and Clear Communication03:40 Conclusion and Final Thoughts

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 Structure00:13 Board Governance and Operations01:10 Legal Documents and Clarity01:50 Decision-Making Processes02:41 Importance of Clear Policies04:24 Agility in Business04:57 Periodic Review and Adaptation05:16 Conclusion

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.

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 Agreements00:58 Key Clauses in Executive Agreements01:29 Importance of Term Employment02:00 Considerations for Founders and Growing Businesses02:45 Planning Ahead for Business Transitions03:32 Final Thoughts 

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 Workplace00:21 The Growing Use of AI Tools00:48 Legal Considerations for Using AI01:38 The Importance of Expertise and Training02:31 Risks of Relying Solely on AI03:39 Balancing AI with Human Judgment04:38 The Future of AI and Prompt Engineering04:58 Conclusion and Final Thoughts

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 Negotiations01:18 Understanding the Negotiation Process02:10 Creating Leverage in Negotiations02:58 Balancing Emotions and Practicality03:58 Knowing Your Opponent04:47 Preparing for Possible Outcomes05:44 Conclusion and Final Thoughts

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 Uncertainty00:24 Impact of Volatility on Businesses00:53 Employer Strategies During Economic Uncertainty02:25 Legal Considerations for Furloughs and Workforce Reductions03:11 Long-term Planning and Flexibility04:28 Conclusion and Final Thoughts

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 Introduction00:48 Overview of Maryland Online Data Privacy Act01:45 Compliance Requirements for Business Owners02:48 Data Collection and Processing Standards05:52 Sensitive Data and Employer Responsibilities07:03 Key Takeaways and Conclusion

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 Letters00:45 Key Considerations Before Sending a Cease and Desist01:39 Case-Specific Analysis and Timing02:06 Potential Reactions and Strategic Decisions03:03 Alternatives to Cease and Desist Letters03:42 Conclusion and Final Thoughts

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 Misconduct00:48 Types of Employee Misconduct01:06 Insurance and Employee Negligence02:17 Employment Actions and Reputational Harm03:26 Legal Remedies and Preventative Measures04:05 Conclusion and Final Thoughts

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 Relationships01:16 Key Questions Before Partnering01:37 Long-term Planning and Alignment02:25 Rules of Engagement in Partnerships02:47 Adapting to Change and Future Disputes03:54 Entrepreneurial Spirit and Partnerships04:30 Conclusion and Final Thoughts

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 Employment1:07 – Main Risks and Wage Obligations in Joint Employment2:01 – Real-World Examples and Common Scenarios2:33 – Avoiding Surprises and Planning Ahead4:11 – Final Reminders and Closing Thoughts

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 Professionals00:59 Building Your Team of Advisors01:15 The Importance of Alignment and Communication01:59 The Value of Proactive Advice02:13 Providing Complete Information to Advisors03:17 Scenarios and Challenges in Business Advice03:59 Conclusion and Final Thoughts

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 Indemnification00:28 Understanding Indemnification Clauses01:05 Contexts and Limitations of Indemnification01:48 Importance of Indemnification in Contracts02:14 Risk Transfer in Employment and Construction02:44 Key Takeaways on Indemnification02:58 Conclusion

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 Communications01:06 Navigating Anti-Discrimination and Anti-Harassment Laws01:34 Managing Sensitive Topics in the Workplace02:04 Balancing Productivity and Employee Comfort03:46 Implementing Effective Workplace Policies04:15 Conclusion and Final Thoughts

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 Practices00:38 Understanding the Need for a Hiring Process01:27 Creating Accurate Job Descriptions02:06 Posting and Interviewing Candidates02:33 Legal Considerations in Hiring02:58 Ensuring a Fair and Consistent Process04:39 Key Takeaways and Conclusion

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-Disparagement01:02 Understanding Disparagement vs. Defamation01:51 Non-Disparagement in Separation Agreements02:54 Practical Considerations and Internal Communication04:25 Conclusion and Final Thoughts

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 Litigation00:15 The Lengthy Process of Litigation00:49 Resolution Before Trial01:18 Legal Motions: Dismissal and Summary Judgment02:23 Challenges and Considerations in Litigation03:40 Conclusion and Final Thoughts

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 Services00:47 Scope and Impact of the New Tax01:28 Implementation and Compliance Challenges02:25 Industry Reactions and Future Considerations03:12 Conclusion and Final Thoughts

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 Bill00:28 New Tax Policies on Overtime Wages01:31 Employer Responsibilities and Compliance02:48 Practical Implications for Businesses04:01 Conclusion and Final Thoughts

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 Business00:47 Preparing Your Business for Sale01:15 Ensuring Compliance and Efficiency02:02 Ownership and Intellectual Property03:19 Tax Strategies and Planning04:01 Conclusion and Final Thoughts

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 Overview00:40 Managing PTO During Summer01:13 Ensuring Continuity of Work01:46 Cybersecurity Concerns with Employee Travel03:56 Safety Protocols for Outdoor Workers04:36 Preparing for Summer Challenges04:55 Conclusion and Final Thoughts

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 Policies01:00 Understanding Flexible Leave01:30 Setting Limits and Parameters02:30 Interaction with Other Leave Types03:41 Communication and Professionalism04:14 Conclusion

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 Referrals01:04 Centralized Response and Policy Importance01:54 Legal Risks and Neutral References02:21 Emotional Factors and Practical Considerations03:24 Severance Agreements and Negotiated References04:08 Conclusion and Final Thoughts

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 Agreements00:23 When to Consider Employment Agreements00:55 State-Specific Considerations01:36 Practical Implications of Employment Agreements02:10 Handling Employee Refusals03:04 Adapting Agreements for Promotions and New Roles03:38 Final Thoughts and Best Practices04:04 Conclusion

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 Subpoenas00:15 Understanding the Nature of Subpoenas01:15 Initial Steps When Served with a Subpoena01:38 Handling Document Production02:00 Legal Advice and Risks03:02 Testifying Under Oath03:50 Conclusion and Final Thoughts

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 Security00:36 The Importance of Protecting Sensitive Information01:54 Monitoring and Alerts for Data Security02:58 Utilizing Technology for Information Security04:03 Physical and Digital Security Measures04:25 Conclusion and Final Thoughts