Lawyers Off the Clock with Rebecca Strauss and Sarah Willey

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey dig into one of the most talked-about benefits in today's workplace: unlimited PTO. While these policies sound appealing, and can be powerful recruiting tools, they come with legal, cultural, and compliance considerations that employers often overlook. Tune in as we explore: The biggest FMLA risks, including i...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  discuss the growing workplace challenges created by employees who are caring for aging parents, often while still raising children themselves. As the "sandwich generation" becomes more common, HR professionals are increasingly navigating complex leave requests, accommodation questions, and discrimination risk...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey walk HR professionals and managers through how to conduct a termination meeting the right way. Termination meetings are one of the most difficult and legally sensitive moments in the employment relationship, and thoughtful preparation can reduce risk while preserving employee dignity. Tune in as we explore: Ho...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  discuss a growing trend they're seeing across workplaces: applicants and employees using AI tools like ChatGPT as the primary way to communicate with HR. From AI assisted interviews and job applications to employee complaints and ADA accommodation requests, Rebecca and Sarah walk through the real world challe...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  break down one of the biggest sources of cultural and legal risk in any organization: managers. From subtle behavioral warning signs to serious legal red flags, they discuss what HR professionals should watch for, and how to respond effectively. This episode walks through practical, business-minded strategies...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  discuss the most important legal training topics every supervisor should understand. Supervisors are often the first to hear about workplace complaints, medical issues, attendance concerns, and performance problems. That means their response can become the company's response under the law. Rebecca and Sarah e...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  discuss the EEOC's recent decision to rescind its 2024 harassment guidance. They break down what this decision means (and does not mean) for employers. The 2024 guidance generated significant discussion, particularly around: Pronoun usage and hostile work environment claims Bathroom access and gender identity...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  break down two new US Department of Labor opinion letters addressing key areas of the Fair Labor Standards Act (FLSA): employee classification and overtime rate calculations. These letters don't change the law, but they highlight areas where many employers are still getting it wrong. Tune in as we explore: Wh...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  walk through everything HR needs to know when you get a request for an employee's personnel file — whether it's from the employee, a former employee, or their lawyer. They walk through the real case facts, explain where things went wrong, and offer takeaways for HR professionals to avoid similar (and costly)...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  break down the $11.5 million jury verdict against SHRM, yes, the Society for Human Resource Management itself. They walk through the real case facts, explain where things went wrong, and offer takeaways for HR professionals to avoid similar (and costly) mistakes. Tune in to explore how: A flawed investigation...

What should employers know about DOJ enforcement? In this episode, Miller Johnson employment attorney  Rebecca Strauss  sits down with her colleague,  Jennifer McManus , a former federal prosecutor, to discuss what businesses need to know about internal investigations, criminal liability, and civil enforcement trends. Jennifer shares insights from her time with the Department of Justice and explai...

It's our 100th episode! To celebrate, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  are cracking open the HR vault and revisiting the wildest, weirdest, and most unforgettable moments from their careers and listener submissions. From bathroom recorders to fart bottles, and sex at work to drug-fueled complaints, this is a very off-the-clock kind of episode. They also shar...

Can employers take action when employees post something controversial on social media—off the clock, on personal time, and not on company platforms? In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  dig into one of HR's most frustrating modern issues: how to handle off-duty speech that makes its way into the workplace. Using the love (or hate) of pumpkin spi...

Can a reality TV contestant be considered an employee? In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  break down the  Love Is Blind  lawsuit and why the National Labor Relations Board (NLRB) says contestants might be employees, not independent contractors. Using the show as a real-world case study, Rebecca and Sarah explore the legal implications of emplo...

What really counts as a public record? Can a text message land your organization in legal trouble? And why should private employers care about the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA)? In this episode, Miller Johnson employment attorney  Sarah Willey  sits down with  Rich Cherry  to break down two critical public transparency laws: FOIA and OMA. Whether you're in HR, w...

Would you ever invite the Department of Labor to audit your company—on purpose? In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  break down the DOL's recently revived PAID (Payroll Audit Independent Determination) program. This voluntary initiative allows employers to self-report and correct wage & hour or FMLA violations—before the feds come knocking. Tune...

In this episode, Miller Johnson employment attorneys  Rebecca Strauss  and  Sarah Willey  break down a major change in federal tax law: tip and overtime wages are getting a tax break—but only for a limited time. We're talking about how the "One Big Beautiful Bill Act" changed federal taxes on tips and overtime wages for the 2025–2028 tax years. If you're in HR, payroll, hospitality, or food servic...

What happens when your company's executives become the stars of a viral kiss cam moment — and not in a good way? In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down the now infamous Astronomer CEO and Chief People Officer scandal, sparked at a Coldplay concert and amplified by the lead singer himself. 🔍 We cover: The facts behind the viral moment How t...

In this episode, Miller Johnson employment attorney  Rebecca Strauss  sits down with immigration attorney  Lee Ryder Koffend  to discuss a growing concern for HR professionals and employers: workplace visits from ICE. With immigration enforcement actions on the rise, this conversation offers practical, legally sound advice on how to respond — and how to prepare your team before agents ever walk th...

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down a new class action lawsuit against Workday over its use of AI in hiring. Could algorithm-driven screening expose employers to discrimination claims?

Think travel time pay is simple? Think again. In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down the complex—and often misunderstood—rules around paying nonexempt employees for time spent traveling. From the ordinary commute to out-of-town overnight trips, we unpack what counts as paid work time under the Fair Labor Standards Act (FLSA).

In this episode, employment attorneys Rebecca Strauss and Sarah Willey dive into a growing concern in the remote work era: full-time employees secretly holding down second jobs—on your dime. They break down the warning signs, legal implications, and practical steps employers can take to protect their time, money, and confidential information. Whether you've spotted suspicious productivity patterns...

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down a step-by-step process for managing reductions in force (RIF) while minimizing legal risks. From defining the selection criteria to navigating communication strategies, this episode provides valuable insights for HR professionals facing tough decisions. Tune in for advice on handling organizational changes with care an...

In the first episode of our two-part series, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey dive into ways organizations can reduce labor costs without cutting headcount. From adjusting compensation to optimizing work hours, this episode offers practical strategies to navigate economic uncertainties.

Join Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey as they discuss the legality of recording conversations in the workplace. Learn whether employees can record conversations, legal considerations for prohibiting recording, and situations where agreeing to recording might be beneficial.