OK at Work

Attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss how employers should approach employee moonlighting, which has become more common. They emphasize starting with state-specific laws that may limit an employer’s ability to restrict outside work, then evaluating whether a side job creates a real conflict with the employer’s business. They also note practical concerns about performance and whether an employee’s outside work affects focus and commitment. The episode highlights the importance of clear, lawful conflict-of-interest policies, regular reminders to employees, and an avenue for employees to disclose perceived conflicts proactively.

In this episode of OK at Work, Offit Kurman attorneys Sarah Sawyer and Russell Burger discuss how employers should handle political discussions at work as Election Day approaches. Employers can appropriately refocus employees on job duties when political debate becomes a distraction. Managers can delicately limit heated discussions by redirecting attention to organizational objectives, using consistent workplace policies. Make sure managers are trained to handle issues evenly without appearing to target particular views. They also flag related concerns about employees posting political opinions online, advising employers to ensure employees do not post under company pages or imply the company endorses their views.

• (00:00) - Politics at Work Intro

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why employers should view employee training as an opportunity rather than just a compliance task. They note that some training is required by certain states or insurance companies but emphasize that effective training should mitigate risk and improve performance. Training should focus on practical, tactical topics like performance management, documentation, complaint protocols, and supervisors’ obligations. Well-designed training can encourage two-way communication, raise employee questions, and strengthen relationships. Sarah and Russell finished by stating that training overly focused on legal definitions may not change behavior, so organizations should structure training to achieve lasting improvements.

• (00:00) - Why Training Matters

Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss what employees, managers, and executives should do when they receive reports of workplace issues, and how business leaders can empower people to escalate concerns. Russell explains the compliance need for clear reporting channels for improper conduct, typically routed to HR, or to an operations leader. They also explain that businesses must establish operational reporting structures through managers, and build open communication with supervised employees. Sarah notes leaders should not assume approachability guarantees reporting, especially as companies grow and add layers.

• (00:00) - Episode Introduction

Sarah Sawyer and Russell Burger are joined by Marc Misthal, an intellectual property and trademark attorney and chair of the firm’s IP group, to discuss how businesses’ use of AI is creating new IP challenges. Marc explains that AI-generated outputs raise questions about whether they can be protected by copyright, trademark, or patent. They discuss practical impacts for both creators’ seeking protection and those facing potential infringement claims. There are unresolved issues about who is responsible—the user, the AI company, or both. Marc recommends documenting AI use, including prompts, emphasizing that more human involvement can increase protectability on a case-by-case basis, and urges business owners to be proactive and consult counsel early.

• (00:00) - Meet the IP Expert

In this episode of OK at Work, Sarah Sawyer and attorney Russell Burger of Offit Kurman discuss how managers influence company culture alongside the usual compliance responsibilities. Managers act as ambassadors and the day-to-day face of the organization, especially as companies grow and executives have less direct contact with employees. Russell stresses the importance of being intentional about culture by clearly defining desired behaviors, communication styles, and expectations. They explain that consistent messaging, strong communication, and knowing employees help make difficult conversations easier, improve retention and productivity, as well as reduce legal risk.

• (00:00) - Managers Shape Culture

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss balancing consistent performance-management policies with EQ and common sense when managing people. They explain that when a previously strong employee’s performance declines, it may signal personal struggles rather than a work-related issue. Building trust, training managers, and holding regular check-ins can help identify issues early, reducing the need for PIPs or reprimands and limiting negative cultural or reputational impacts. Drawing on lessons from the pandemic, Sarah and Russell emphasize that employees are often dealing with stressors. Thoughtful support from their managers can help employees get back on track.

• (00:00) - Performance Management Balance

Sarah Sawyer and Russell Berger, attorneys at Offit Kurman, discuss Maryland’s upcoming paid family and medical leave program and what employers should do in fall 2026 to prepare. They explain that contributions for employers using the state plan begin January 1, 2027, with benefits starting in 2028. The program is like unemployment insurance, providing up to 12 weeks of paid leave with benefits up to $1,000 per week funded by employee payroll deductions and employer contributions for businesses with 15+ employees. Employers must choose between the state program and a private plan, communicate their choice to the state, and meet registration, payroll remittance, and employee notice requirements. 

• (00:00) - Maryland Leave Timeline

Attorneys Sarah Sawyer and Russell Burger of Offit Kurman discuss how businesses can improve cash flow by staying on top of accounts receivable and treating collections first as a business process. They stress proactive client selection, credit reviews, AR management, and strong contracts with clear payment terms, remedies, fee provisions, and jurisdiction clauses. Sarah and Russell recommend establishing a clear internal process to identify overdue accounts and decide when to send demand letters or pursue litigation. For industries with frequent slow-pay issues, they suggest creating a repeatable, scalable collections “blueprint” and exploring AI to increase efficiency.

• (00:00) - Cash Flow Matters

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman discuss why employers need clear expense reimbursement policies and procedures for employee purchases and travel paid with company cards or personal funds. The major points they make is employers must communicate guidelines on what qualifies as reimbursable, reduce “gray areas” to avoid confusion and disputes, and build safeguards such as requiring management approval over a certain dollar amount. There are common challenges in administering these policies day to day, including inconsistent approvals that can create precedents and confusion, and recommend involving multiple departments—such as finance, marketing, and department heads—when creating the policy to address practical questions and reduce risk from employees making decisions in the field.

• (00:00) - Welcome and Topic