Lawyers Off the Clock with Rebecca Strauss and Sarah Willey

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Now that the guidance has been rescinded, many employers are asking: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.

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.

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.

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.

• 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

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.

• 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