Lawyers Off the Clock with Rebecca Strauss and Sarah Willey

Hosted by Miller Johnson

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100

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Jun 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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60 recent

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

April 22, 2026Episode 10731 min

From Red Flags to Solutions: Managing Your Managers

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 for coaching, supporting, and, when necessary, making tough decisions about leaders who create risk, including high-performing managers whose results may mask deeper problems. Tune in as we explore: Common behavioral red flags in problematic managers Legal risks tied to retaliation, accommodations, and protected activity Coaching vs. discipline for leaders How HR can support managers without increasing liability What to do when a high performer creates serious legal risk

April 8, 2026Episode 10626 min

Supervisor Training Checklist: Reduce Workplace Legal Risk

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 explain why supervisor training is one of the most effective ways to reduce workplace legal risk and improve workplace culture. They break down the core training topics every organization should include, such as: Harassment, discrimination, and retaliation training The basics of the Fair Labor Standards Act (FLSA) Medical leave and accommodation laws like the FMLA and ADA Performance management and documentation practices They also discuss additional training topics employers may want to consider depending on their workplace. Whether you're in HR, leadership, or managing a team, this episode provides practical insight into what supervisors need to know, and when to involve HR. 👉 Looking for supervisor or workplace training for your organization? Learn more about Miller Johnson's training and guidance programs here.

March 25, 2026Episode 10520 min

EEOC Withdraws Harassment Guidance: What Actually Changed?

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 protections Conflicts between religious accommodation and anti-harassment protections Now that the guidance has been rescinded, many employers are asking: Does this change harassment law? Does it affect Title VII protections? Should workplace policies change? Tune in as we explore: Why Supreme Court precedent still protects sexual orientation and gender identity What "evenhanded enforcement" means under the current Commission How employers should approach harassment complaints going forward Bottom line: The law protecting employees from harassment remains in place — and enforcement remains a priority.

March 11, 2026Episode 10426 min

Fun with Overtime Math & Employee Classifications: New Opinion Letters from the DOL

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: Whether an employer can reclassify an exempt employee as nonexempt The difference between "regular rate" and base hourly rate When bonuses must be included in overtime calculations Why payroll platforms may default to noncompliance How class and collective actions are increasing in this area If you manage employees, process payroll, or oversee HR compliance, this episode is a must-watch. Overtime litigation is rising, and many policies exclude FLSA coverage. Now is the time to review your practices.

February 25, 2026Episode 10325 min

What to Do When Employees Request Their Personnel File

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) mistakes. Tune in as we explore what Michigan's Bullard-Plawecki Right to Know Act requires, and offer strategic tips on: What you must include (hint: it's more than you think) What should be excluded How to respond to subpoenas or third-party requests Best practices for protecting your company Whether you're in HR or a business owner trying to avoid missteps, this episode breaks it all down in clear, practical terms.

February 11, 2026Episode 10224 min

SHRM Hit with $11.5M Verdict: What HR Can Learn

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 created bias concerns Missed red flags turned into retaliation claims One email helped cost $10 million in punitive damages You can avoid these common HR pitfalls Whether you're an HR leader or business owner, this episode is packed with lessons that apply to any workplace.

January 28, 2026Episode 10134 min

What Employers Need to Know: Former Federal Prosecutor Speaks on Investigative Risks

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 explains how private employers—from large corporations to local businesses—can stay compliant and avoid legal pitfalls. Tune in to explore: Current DOJ priorities (immigration, trade, health care fraud) What intent means in government investigations The importance of a strong compliance culture What to do when your team makes an honest mistake Whether you're an HR professional, legal counsel, or business owner, this episode offers practical guidance and peace of mind for navigating government investigations with confidence.