OK at Work

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 requir...

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 effectiv...

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...

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...

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 p...

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 compl...

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 qui...

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...

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,...

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 conc...

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 ex...

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 e...

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...

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, a...

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 substance...

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 leg...

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...

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 conversatio...

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 t...

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 absente...

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 an...

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...

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 tha...

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, an...

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 effectiv...