DEI Executive Order, EEOC and DOJ Guidance: What Does It All Mean for Private Employers?
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
Release Date: 04/09/2025
From Red Flags to Solutions: Managing Your Managers
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
In this episode, Miller Johnson employment attorneys and 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...
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Supervisor Training Checklist: Reduce Workplace Legal Risk
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
In this episode, Miller Johnson employment attorneys and 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...
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EEOC Withdraws Harassment Guidance: What Actually Changed?
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
In this episode, Miller Johnson employment attorneys and 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protections Conflicts between religious accommodation and anti-harassment protections Now that the guidance has been rescinded, many employers are asking: Does this change harassment law?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...
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Fun with Overtime Math & Employee Classifications: New Opinion Letters from the DOL
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
In this episode, Miller Johnson employment attorneys and 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...
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What to Do When Employees Request Their Personnel File
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
In this episode, Miller Johnson employment attorneys and 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...
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SHRM Hit with $11.5M Verdict: What HR Can Learn
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
In this episode, Miller Johnson employment attorneys and 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...
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What Employers Need to Know: Former Federal Prosecutor Speaks on Investigative Risks
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
What should employers know about DOJ enforcement? In this episode, Miller Johnson employment attorney sits down with her colleague, , 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...
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You Can’t Policy That: Real HR Stories That Broke Us | 100th Episode Special
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
It’s our 100th episode! To celebrate, Miller Johnson employment attorneys and 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...
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Social Media and Workplace Policy: What to Do About Problem Posts
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
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 and 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...
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The Love Is Blind Labor Fight: Employee or Contractor?
Lawyers Off the Clock with Rebecca Strauss and Sarah Willey
Can a reality TV contestant be considered an employee? In this episode, Miller Johnson employment attorneys and 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...
info_outlineMiller Johnson employment attorneys Rebecca Strauss and Sarah Willey discuss the current status of DEI in the private sector. They will discuss the recent developments of the new EEOC Guidance and what you should pay attention to in the world of diversity, equity, and inclusion.