Carrie M. Francis

Carrie uses her MBA and business acumen to navigate her clients’ strategic litigation needs. That insight, and more than 25 years of trial experience, enable her to defend management clients in employment and commercial disputes across a broad range of industries and jurisdictions. Carrie thinks like business owners and entrepreneurs.

She represents companies in complex state and federal wage and hour, class or collective-action Fair Labor Standards Act (FLSA) and Private Attorney General Act (PAGA) matters and other complex litigation. Exemplar matters include: exempt status misclassification, independent contractor misclassification, overtime, off-the- clock work, meal and rest periods, itemized wage statements, vacation pay, sick time pay, wait time pay, penalties, commissions, wrongful termination, unfair competition, confidentiality breaches, violation of public policy or Wage Orders and related common law tort claims.

Carrie has counseled clients in industries including automotive, construction, education, non-profit, funeral/cemetery/crematory, health care, hospitality, manufacturing, technology, medical device, transportation and logistics, retail, pharmaceutical, real estate, tribal communities and other clients.

Automotive

• She defended a car rental company against claims prosecuted by the Equal Employment Opportunity Commission for failure to accommodate an individual employee’s religious attire as a deviation from company uniform and attire policy.
• She defended an auto dealership against allegations by two service technician plaintiffs of national origin discrimination and retaliatory termination prosecuted by the Equal Employment Opportunity Commission.
• Carrie defended an auto dealership against five sales department plaintiffs alleging constructive discharge, age, race, disability and gender discrimination, sexual harassment and retaliation.

Construction

• She defended a regional construction company in arbitration against an employee plaintiff alleging sexual harassment and whistleblower claims.

Funeral

• Carrie defended an international cemetery and funeral home conglomerate in various multistate FLSA actions in which a nationwide group of former employees alleged that the company instituted illegal pay policies to prohibit the recording of straight time or overtime hours for certain categories of hours worked.
• She defended an international cemetery and mortuary company in malpractice trial against four sibling plaintiffs alleging negligent interment, and intentional and negligent infliction of emotional distress.
• Defended national funeral company in class misclassification, harassment, and PAGA cases in multiple California state court jurisdictions against independent contractor direct sales service providers.

Health Care

• She represented a diagnostic imaging company in claims for breach of lease and violation of non-disclosure terms.
• Representing medical device manufacturer (California based) in nationwide and international non- compete enforcement defense efforts to facilitate sales staff hiring from competing manufacturers.

Real Estate

• Carrie defended a real estate company against a designated broker asserting whistleblower and retaliatory discharge claims.
• She defended a property manager company against complaints of housing and disability discrimination.

Shipping and Transportation Logistics

• She defended a national package delivery company in claims of disability discrimination and retaliatory termination against a driver employee.
• Carrie represented a delivery company for breach of independent contractor agreement with a retailer.
• She has advised trucking, transportation and delivery companies on operational employment issues, including the Motor Carrier Exemption of driver employees.

Tribal Communities, Other Business Entities, and Other Relevant Experience

• Carrie successfully defended a business entity against the claim of a violation of the Family and Medical Leave Act and the Americans with Disabilities Act.
• Defending cosmetology school (California and Georgia based) in defense of employment and student based claims and investigations of all forms of whistleblower complaints.
• Carrie defended a tribal business entity against the claims of a marketing vendor for breach of contract.
• She represented a high level executive in a business defamation suit resulting in a multimillion dollar award.
• Carrie has represented employers, private club or 501(c)(7) entities, and sovereign tribal entities in employment matters including wage payments, exempt classification, hiring, discipline, termination, discrimination and harassment and related litigation.
• She has represented companies in litigation concerning commercial contract disputes, trade secrets and non-competition agreements.
• Represented high end clothing company in non-compete and severance negotiations with separating CEO (California based CEO and Kansas based company).
• Carrie speaks and writes on employment law topics. She teaches a course at Arizona State University Law School, “Litigation and Courtroom Technology,” which instructs students to augment oral advocacy through demonstrative aids, images and videos.

SPEAKING ENGAGEMENTS

• Co-presenter, “The Law of the Land: Recent Legal Decisions & Hot Topics Affecting Tribal Employers,” The 2018 REDW Tribal Finance & Leadership Conference, Nov. 2018
• Co-presenter, “Sovereignty & U.S. Agencies,” 2018 NNAHRA Annual Conference
• Co-presenter, “2017 Indian Law Update” and “A Job Worth Doing,” 2017 NNAHRA Annual Conference
• Co-presenter, at 2016 Arizona SHRM Conference, Sept. 2016
• “Hot Legal Topics Today,” SWSPGA Education Summit, April 2015
• “I-9s and the Interview Process: Avoiding Pitfalls,” The Greater Southwest Chapter Club Managers Association of America, August 2014
• New Challenges for HR in 2025 – Phoenix Feb. 13, 2025
• New Challenges in HR for 2023 – Phoenix Association of Corporate Counsel & firm event Phoenix Country Club, Feb. 21, 2023
• New Challenges for HR in 2022 Feb. 03, 2022

PUBLICATIONS

• “California Case is the Latest to Address Whether Worker is an Independent Contractor or Employee,” February 2018
• “California: The Transgender Work Opportunity Act,” November 2017
• “New California Law Bans Salary History Questions,” October 2017
• “California’s ‘New Employee Leave Act’ Will Impact Small Businesses,” October 2017
• Co-author, “Danger: Service Charges and Tipping Policies,” Club Director, Summer 2016
• “To Tip or Not to Tip,” July 2016
• “Tribal Employment and Jobs Protection Act Seeks to Exempt Native American Tribes from ACA,” June 2016
• “EEOC Addresses Interplay Between Pregnancy Discrimination Act and ADAA,” July 2014
• California Consumer Privacy Act’s Employee and Business-to-Business Exemptions Expire Effective Jan. 1, 2023
• How Should Employers Prepare?  2022
• California Supreme Court Expands “Regular Rate of Compensation” for Missed Breaks July 21, 2021