Sarah M. DeFranco

Photo of Sarah M. DeFranco

Sarah DeFranco draws from her fifteen years’ experience to provide on-call counseling to employers operating in Florida, Illinois, and New York regarding complying with federal, state, and local employment laws, such as the FMLA, ADA, Title VII, ADEA, and FLSA. Additionally, Sarah has vast experience drafting employee handbooks for employers of all sizes, executive employment agreements, restrictive covenant agreements, and separation agreements, and providing employers guidance regarding properly classifying workers as independent contractors.

Subscribe to all posts by Sarah M. DeFranco

Jingle All the Way to the SEC: Employers (Even Privately Held) Under Scrutiny for Language in Separation Agreements Impeding SEC Whistleblower Rule 21F-17

By Ashlea Edwards, Sarah M. DeFranco and Melissa S. Zinkil on Posted in Employee Handbooks & Policies, Employment & Consulting Contracts, Whistleblower & Retaliation Claims
While jingle bells have only just begun to ring, the U.S. Securities and Exchange Commission (SEC) enforcement bells have been ringing steadily throughout year. In recent months, the SEC announced significant settlements with employers for violations of Rule 21F-17 — the SEC’s whistleblower protection rule — as a result of language in non-disclosure agreements, separation … Continue Reading

Employers Take Heed: CDC Modifies Return to Work Guidance

By Sarah M. DeFranco and Akerman Law on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
Over the past few weeks, the CDC has issued updated COVID-19 guidance on a number of topics affecting the workplace, including modifying the criteria employers rely on to determine when an employee with COVID-19 may return to work. As the CDC’s COVID-19 guidance evolves, employers must ensure their COVID-19 plans and policies likewise evolve. Given … Continue Reading

The New Interview Taboo: Salary History Inquiries

By Sarah M. DeFranco on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Litigation
Inquiries employers may make concerning job applicants have been under close scrutiny. Many states and cities already limit an employer’s ability to use or inquire about an applicant’s credit or criminal history. Now add salary history to the list of topics that may be off limits during an interview, depending on where your company operates. … Continue Reading

Dogged by Dogs at Work: Barking Up the Wrong Tree?

By Sarah M. DeFranco on Posted in Disability, Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Privacy
Suppose you hire Kristin Chenoweth to be your new TV show host, and she shows up on the set with her dog Thunder, claiming she needs the dog for emotional support. Must you allow this distraction? Or suppose her third cousin shows up at your restaurant with Thunder’s twin bearing a “service animal tag,” yapping … Continue Reading

Steps for Solving the Wage Deduction Dilemma

By Sarah M. DeFranco on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
Figuring out what deductions from an employee’s wages are permitted and prohibited under the law is a quandary. May an employer deduct an employee’s wages for personal charges on the company’s credit card? What about the cost to replace company property the employee lost or damaged? And what if an employee resigns and never returns … Continue Reading

Employers Should Keep An Eye On the Non-Compete Reform Movement

By Sarah M. DeFranco on Posted in Non-Compete & Trade Secret Litigation, Uncategorized
Employers who require all employees to sign a form non-competition agreement regardless of the state in which the employee is located or the type of work performed by the employee should think twice before doing so. Recent legislation focused on reform of non-competition agreements at the state level may signal a trend. In light of those … Continue Reading

Refereeing FMLA Leave: When Making The Call To An Employee On FMLA Leave Is Out Of Bounds

By Sarah M. DeFranco on Posted in Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves
Can I call an employee to answer a work-related question while he is out on FMLA leave recovering from surgery? If he wants to join a conference call, can I let him, or am I exposing the company to a claim that we “interfered” with his FMLA leave? Employers must pause for a time out … Continue Reading

Calling all Employers with Remote Employees: Is Your Company Counting Them In Accordance With the FMLA?

By Sarah M. DeFranco on Posted in Employee Benefits, Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
Does your company have employees who work remotely in a city, or a state, where your company does not maintain a physical location? Do you count those employees for purposes of determining whether the company has to offer leave under the Family and Medical Leave Act (FMLA)? Well, in what may come as a surprise, … Continue Reading
LexBlog