OK at Work

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

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

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

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

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

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

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

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

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

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