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

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.

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.

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.

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.

In this episode, Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey tackle a challenge nearly every HR leader and manager has faced, what to do when an employee simply refuses to accept feedback. From defensive reactions and fact disputes to complaints of unfair treatment or harassment, they explore how these situations escalate and what employers should do next. They discuss whether it's ever appropriate to skip steps in the performance management process, how to evaluate risk when employees push back, and why direct, candid communication may be more effective than prolonged mediation in certain cases. The conversation also highlights the importance of investigating employee complaints, maintaining consistency, and building a culture where feedback is viewed as essential to success. 🔍 Tune in as we explore: How to handle claims of "unfair," "bullying," or "harassment" feedback When direct, candid conversations are the most effective approach HR's role in investigating complaints tied to performance feedback How leadership style impacts employees' willingness to accept feedback

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.

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.

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.

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

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

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.

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.

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.

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.

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.