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 Compensation

00:48 Understanding Phantom Equity

01:30 Benefits and Uses of Phantom Equity

02:25 Comparing Phantom Equity to Actual Equity

03:53 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 Investigations

00:17 Types of Investigations and Common Issues

00:58 Addressing Findings and Immediate Actions

01:29 Disciplinary Actions and Considerations

02:17 Balancing Legal Risks and Business Operations

04:38 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 Parties
01:02 Workplace Rules Still Apply
01:47 Planning and Executing the Event
02:39 Balancing Fun and Professionalism
03:14 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 Reflections
00:31 Importance of Policy Review and Training
00:58 Health Precautions During Flu Season
01:18 Compliance and Best Practices
02:07 Gathering Safely During the Holidays
03:01 Proactive Policy Reminders
03:20 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 Plans

00:47 Key Considerations for Bonus Plans

01:00 Aligning Bonus Plans with Organizational Goals

01:43 Clarity and Communication in Bonus Plans

02:38 Legal Risks and Clear Communication

03:40 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 Structure

00:13 Board Governance and Operations

01:10 Legal Documents and Clarity

01:50 Decision-Making Processes

02:41 Importance of Clear Policies

04:24 Agility in Business

04:57 Periodic Review and Adaptation

05:16 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 Agreements

00:58 Key Clauses in Executive Agreements

01:29 Importance of Term Employment

02:00 Considerations for Founders and Growing Businesses

02:45 Planning Ahead for Business Transitions

03:32 Final Thoughts