Lawyers Off the Clock with Rebecca Strauss and Sarah Willey

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100

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Oct 2026

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About the show

Off the Clock with Rebecca Strauss and Sarah Willey features real conversations between employment and labor lawyers on the hot topics employers face on a daily basis. Listen in to Rebecca and Sarah as they discuss workforce issues from hiring, retention, safety and health to policy interpretations on PTO, leave, and personnel decisions. This podcast lets you be a part of the exchanges lawyers have when they're sharing ideas and thoughts on the why's and how's of providing legal advice, before the clock starts ticking on the billable hour.

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November 11, 2026Episode 11822 min

How to Have Difficult Employee Conversations with Seth Filthaut

In this episode, Miller Johnson employment and labor attorney Rebecca Strauss is joined by employment and labor attorney Seth Filthaut , who brings a unique perspective from both practicing law and serving in an HR leadership role. Drawing from both legal practice and hands-on HR leadership experience, Seth shares actionable techniques for navigating employee discipline, workplace conflict, complaints, and termination meetings with professionalism and respect. Whether you're an HR professional, manager, or business leader, these conversations can be some of the most challenging parts of the job. Learn how active listening, emotional intelligence, clear communication, and effective framing can help reduce conflict, improve outcomes, and strengthen workplace relationships. Tune in as we explore: How active listening can de-escalate workplace conflict Responding to employee defensiveness without arguing Validating emotions while maintaining accountability A simple framework for delivering difficult workplace feedback Difficult conversations are unavoidable in every workplace, but they don't have to become adversarial. Rebecca and Seth discuss practical tools that HR professionals can use immediately to communicate more effectively and handle tough situations with greater confidence. Note: This episode provides general information only and is not legal advice.

October 28, 2026Episode 11726 min

HR's Biggest Questions Answered with Rachel Ogrin – Part 2

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss common HR questions with special guest Rachel Ogrin , founder of Renier Resources. In Part 2 of this two-part conversation, Rachel brings practical workplace questions she's hearing from HR leaders and business owners every day, covering employment applications, hiring practices, personnel files, workplace investigations, and when it's time to involve employment counsel. Whether you're an HR professional, business owner, executive, or supervisor, this episode offers practical guidance on building compliant hiring processes, maintaining employee records, and navigating workplace issues before they become legal risks. Tune in as we explore: Common mistakes employers make with pre-employment screening and hiring questions What should and should not be included in employee personnel files When HR professionals and leaders should contact an employment attorney Rachel Ogrin brings a unique perspective as an experienced HR executive and consultant who works directly with organizations facing these challenges every day. Together, Rachel, Rebecca, and Sarah provide practical, real-world insights HR professionals can put to work immediately. Note: This episode provides general information only and is not legal advice.

October 21, 2026Episode 11334 min

HR's Biggest Questions Answered with Rachel Ogrin – Part 1

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss some of the most pressing questions HR professionals are asking right now with special guest Rachel Ogrin , founder of Renier Resources. Drawing from decades of HR leadership and consulting experience, Rachel brings real-world workplace challenges to the conversation as the trio tackles AI in HR, exempt versus nonexempt classifications, hiring decisions, personnel files, job applications, and when it's time to involve employment counsel. Whether you're an HR professional, business owner, executive, or supervisor, this episode offers practical guidance on navigating everyday employment issues while reducing legal risk and making informed workplace decisions. Tune in as we explore: How HR professionals should use AI responsibly and avoid common legal pitfalls Exempt vs. nonexempt employee classifications under the Fair Labor Standards Act (FLSA) Social media screening, recruiting risks, and hiring decision best practices Rachel Ogrin brings a unique perspective as an experienced HR executive and consultant who works directly with businesses facing these challenges every day. Together, Rachel, Rebecca, and Sarah provide practical insights HR professionals can put to work immediately. Note: This episode provides general information only and is not legal advice.

August 18, 2026Episode 11526 min

Social Media Screening in the Workplace: Hiring Risks and Compliance

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss whether employers should review job candidates' and employees' social media activity, the legal risks involved, and practical steps HR professionals can take to minimize exposure while making informed employment decisions. As social media screening becomes more common and AI-powered tools make searches faster and easier, employers are increasingly weighing the benefits of identifying potential red flags against concerns involving discrimination, privacy, compliance, and bias. Rebecca and Sarah break down what organizations need to consider before incorporating social media reviews into hiring or employment decisions. Tune in as we explore: How social media searches can create discrimination and protected-class concerns Privacy considerations, notice requirements, and state law compliance issues Risks associated with AI-powered social media screening and why human review remains critical Whether you're considering social media reviews for applicants, evaluating screening vendors, or updating hiring practices, this episode provides practical guidance for navigating this increasingly common HR challenge. Note: This episode provides general information only and is not legal advice.

August 12, 202632 min

Federal Reclassification of Marijuana: How It Impacts Drug & Alcohol Policies

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the federal government's decision to reclassify marijuana from a Schedule I to a Schedule III controlled substance and why that seemingly simple change could have significant implications for employers. Tune in as we explore: • What marijuana's Schedule III classification means under federal law • Why medical marijuana may now trigger ADA accommodation obligations • Managing remote employees and impairment concerns • Policy updates employers should consider now From drug-testing programs and workplace policies to ADA accommodation requests and impairment determinations, this episode explores how employers should rethink their approach to medical marijuana in states where its use is permitted. Rebecca and Sarah break down what has changed, what has not changed, and the practical steps HR leaders should be considering now.

July 29, 2026Episode 11327 min

HR Ethics in Action: Real Workplace Scenarios Explained

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey explore the real-world ethical dilemmas HR professionals face every day, and why the "legal answer" is often just the starting point. From role modeling behavior to handling conflicts of interest and balancing fairness with confidentiality, they unpack nuanced scenarios that don't always have clear-cut solutions. Through practical examples, they highlight how HR leaders can navigate complex decisions while aligning with organizational culture, maintaining credibility, and building trust across the workplace. Tune in as we explore: Real-life ethical dilemmas involving off-duty conduct and workplace perception How to manage conflicts of interest during internal investigations When and how to escalate sensitive HR complaints appropriately The tension between fairness, consistency, and context in HR decisions Navigating employee confidentiality while maintaining transparency Why ethical HR decisions often mean making difficult (and unpopular) calls Note: This episode provides general information only and is not legal advice.

June 24, 2026Episode 11122 min

Is Unlimited PTO Really Unlimited? Legal Risks for Employers

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 intermittent and reduced-schedule leave Why "accrued" vs. "non-accrued" language matters How state paid leave laws (including Michigan's Earned Sick Time Act) affect unlimited PTO How to thoughtfully design an unlimited PTO policy with clear guardrails, expectations, and boundaries that work in practice, not just on paper From employee behavior and workplace culture to the interaction with the FMLA, state paid leave laws, and disability benefits, this conversation breaks down what "unlimited" really means and why careful policy design matters more than ever. 📌 Note: This episode provides general information only and is not legal advice. Subscribe to Miller Johnson emails to receive new episode invites, client alerts, and stay informed about legal developments and upcoming events.

June 3, 2026Episode 11025 min

Supporting the Sandwich Generation: FMLA, ADA & Employer Strategies

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 risks. They walk through how the FMLA, ADA, and state paid leave laws intersect when employees need time off to support parents with medical needs, including situations involving psychological care, assisted living, and complicated family dynamics. Tune in as we explore: When caring for an aging parent triggers FMLA notice obligations Common FMLA mistakes employers make with parent-care leave In‑laws, siblings, and the limits of employer inquiry ADA association discrimination and well‑intended bias Practical benefit ideas to support sandwich‑generation employees Note: This episode provides general information only and is not legal advice.

May 20, 2026Episode 10932 min

Termination Meetings: Reducing Risk and Protecting Dignity

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: How to prepare for a legally sound termination decision Whether you should give a reason for termination—and how much detail matters What to include in a termination letter or memo When severance or separation agreements make sense Who should attend a termination meeting What to say (and not say) during the meeting Common termination meeting mistakes that increase legal risk Note: This episode provides general information only and is not legal advice.

May 6, 2026Episode 10831 min

When Employees Use AI to Talk to HR: What Employers Should Do

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 challenges this creates for employers—and practical, lawful ways HR professionals can respond while still keeping the focus on hearing directly from the individual. Tune in as we explore: How to handle applicants using AI during interviews and hiring Why AI generated employee complaints often create more work for HR The risks of relying on AI for legal conclusions about "unlawful" conduct Best practices for responding to AI drafted complaints and investigations How AI complicates the ADA interactive process When and how HR can ask employees to speak in their own words