Advertise on podcast: Lawyers Off the Clock with Rebecca Strauss and Sarah Willey

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.

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 share the real lessons hidden inside these stories: what HR pros can (and should) do in these wild situations, legal tips for strange workplace behavior, and when you absolutely do not need a policy (even if someone wins the lottery). Real stories. Real HR. Real ridiculous. Thanks for joining us on the journey to Episode 100. Here's to 100 more!

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 spice lattes as an example, we explore: When off-duty speech crosses into workplace concerns What legal obligations employers actually have How to balance employee rights with business reputation Why the First Amendment doesn't apply the way people think Practical steps for navigating tricky PR situations

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 employment status, control in the workplace, and how this bizarre situation actually mirrors challenges many employers face today. Whether you're in HR, legal, or just a reality TV fan, this episode offers a fascinating, practical look at labor law in the entertainment world. Tune in to explore: Legal details behind Love Is Blind lawsuits NLRB's stance on reality TV employment The 6-factor independent contractor test Why control, pay, and working conditions matter What this means for your workforce

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, work for a public body, or represent a private employer that interacts with the government, this episode will help you avoid common compliance mistakes and protect sensitive information. Tune in as we explore: What FOIA and OMA actually cover Why personal texts and emails can become public records How private employers can (and should) use FOIA Common legal mistakes by public sector employers What makes a meeting "public" under the law

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 as we explore: What the PAID program is and why it's back Who qualifies to participate (and who doesn't) Why "voluntary" doesn't mean "risk-free" The surprising pros and cons of raising your hand to the DOL

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 service, this quick episode gives you exactly what you need to know. Tune in as we explore: Who qualifies for the new tip deduction The difference between a deduction and an exemption How this affects payroll systems and year-end tax filings What changes apply to overtime wages

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 the company responded in just three days How the company's quick action upheld culture and navigated public scrutiny Lessons every organization can take away about workplace relationships and crisis management Whether you're in HR, management, or simply fascinated by workplace drama and PR strategy, this episode delivers the insight (and humor) you won't find in the headlines.

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 through your door.

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 or are simply preparing for what could happen, this episode offers the clarity and insight HR professionals and employers need.

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 and compliance.

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.