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

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

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

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

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

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