Sarah M. DeFranco

Sarah M. DeFranco

Sarah DeFranco represents employers in employment litigation and administrative proceedings arising under federal, state, and local discrimination, harassment, retaliation, wrongful discharge, and wage and hour laws, as well as litigation of claims to enforce non-competition, non-solicitation, non-disclosure, and employee raiding covenants in employment agreements. Sarah provides day-to-day counseling to employers regarding complying with federal, state, and local employment laws, such as the FMLA, ADA, Title VII, ADEA, and FLSA. Additionally, Sarah has significant experience developing workplace policies and practices, drafting employee handbooks, employment agreements, restrictive covenant agreements, and separation agreements, and providing employers guidance regarding properly classifying workers as independent contractors. She also assists clients with employment issues arising from corporate transactions.

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The New Interview Taboo: Salary History Inquiries

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?

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 away and disturbing servers and … Continue Reading

Steps for Solving the Wage Deduction Dilemma

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 the company-issued laptop or other … Continue Reading

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

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 changes and variations from … Continue Reading

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

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 to analyze the potential consequences … Continue Reading

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

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, you must properly include all … Continue Reading

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