Dulcinea Grantham is a Partner in Lozano Smith's Walnut Creek office. Ms. Grantham serves as co-chair of the firm's Labor and Employment Practice Group. Her expertise also includes student law. Ms. Grantham has significant experience handling layoff hearings, arbitrations and classified and certificated employee dismissal matters. She has handled small and large layoffs, including hearings in excess of 300 full-time employees.
Prior to joining Lozano Smith, Ms. Grantham served as Deputy Legislative Counsel for the California Legislative Counsel's office in Sacramento, California. She provided nonpartisan legal services for Members of the Legislature. She drafted bills, constitutional amendments, resolutions, and amendments to those measures, particularly in the areas of elementary and secondary education, elections, legislative procedure, and private employment.
Ms. Grantham was an adjunct faculty member with the University of San Francisco School of Law where she provided instruction to law students on the legislative process, legislative drafting, and statutory interpretation. Ms. Grantham also was an extern with the California Supreme Court, Chambers of Justice Kennard; a law clerk with the United States Attorney's Office, Northern District of California; and a project clerk with Lewis and Roca, LLP in Tucson, AZ. She interned in the Office of Senator John McCain in Washington, D.C. and in the Ward III City Council Office in Tucson, Arizona.
Ms. Grantham has been a speaker for the Association of California School Administrators (ACSA) on a wide range of topics including negotiating in difficult fiscal times and student residency and transfers. She has made presentations on hiring and supervising athletic employees for the National School Boards Association (NSBA) and CSBA.
Ms. Grantham has written numerous, significant articles. They include:
- "Code of Conduct: Reviewing and Auditing Your Hiring and Supervision Practices for Athletic Coaches" published by American School Board Journal, Volume 198, No. 8, August 2011;
- "Certificated Step and Column Freezes" published by School Services of California, in the Fiscal Report, Volume 30, No. 1, January 2010;
- "The Impact of the European Union Data Privacy Directive Safe Harbor on U.S. Privacy Practices: Is it Time for Congress to Take Action to Strengthen U.S. Privacy Laws?" published in the Fall 2001 issue of the Journal of Internet Law; and
- "Transforming Transplantation: The Effect of the Health and Human Services Final Rule on the Organ Allocation System" published in the University of San Francisco Law Review in 2001.
Ms Grantham is a member of the Labor and Employment Section of the California Bar, the National School Boards Association's Council of School Attorneys, and the California Council of School Attorneys.
Ms. Grantham received her J.D., cum laude, from the University of San Francisco School of Law and her B.A. from the University of Arizona. She is a member of the State Bar of California.
Three recent decisions by the Public Employment Relation Board (PERB) have expanded or highlighted employees' rights to union representation when employees are asked to prepare a written statement or are searched unclothed.
In San Bernardino Community College District (2018) PERB Dec. No. 2599, PERB expanded the right to union representation to those circumstances where an employee is asked to provide a written statement. In this case, an emp...
Beginning January 1, 2019, employers will have to make reasonable efforts to provide employees with the use of a room or location, other than a bathroom, as a lactation accommodation.
Existing law already requires employers to make reasonable efforts to provide employees the use of a room or location, other than a single toilet stall, in close proximity to the employee's work area for the purpose of expressing milk in private. Under these requirements, employ...
Starting January 1, 2019, California school and community college districts will be required to pay certificated, classified, and academic employees eligible for parental leave under recently enacted laws at least 50% of their salaries once they exhaust their sick leave and begin taking differential leave. This requirement applies regardless of the rate districts pay substitute employees to fill in for the employees on parental leave. The new law is a result of Assembl...
A new law provides public employers and public sector unions with legal immunity under state law from claims to recover the deduction of mandatory agency fees, or "fair share" fees, collected before the United States Supreme Court issued its decision in Janus v. AFSCME on June 27, 2018. Senate Bill (SB) 846 is effective immediately.
Prior to the Janus decision, the United States Supreme Court previously held that it was constitutional for public sector u...
As the United States Supreme Court's Janus ruling continues to reverberate throughout the nation, California public sector employers can look to Attorney General Xavier Becerra's August 31, 2018 advisory for guidance regarding labor rights and employer obligations that still apply in California's public workplaces.
The two-page advisory "re-affirms" California's "full support" for California labor rights, particularly the following public sector statutory rights:
The Public Employment Relations Board (PERB) recently reaffirmed the importance of meeting and conferring with unions regarding information requests. In Department of State Hospitals (PERB Dec. No. 2568-S) (DSH), PERB concluded that an employer violated the Dills Act by refusing to provide relevant and necessary information to a union requesting such information in order to represent its member.
A group of 14 patients filed a complaint against a DSH ...
California lawmakers have approved a budget trailer bill that imposes new obligations on public sector employers related to deducting union dues and fees from workers' paychecks. Governor Jerry Brown signed Senate Bill (SB) 866 on the same day the United States Supreme Court barred the collection of mandatory agency fees that cover unions' cost of providing services, which the Court deemed a violation of workers' First Amendment free speech rights. (See 2018 CNB No. 27...
This news brief is intended for public school districts, including community colleges. For the Janus news brief intended for municipalities and special districts, click here.
Overturning a longstanding precedent, the United States Supreme Court has held in Janus v. AFSCME that public employees may not be compelled to pay mandatory agency fees, or "fair share" fees, to public-sector unions, because such fees violate the First Amendment.
The Janus decision will hav...
On October 15, 2017, Governor Jerry Brown signed Senate Bill (SB) 179, known as the "Gender Recognition Act," which adds a "nonbinary" gender option to state driver's licenses, identification cards, and birth certificates. Most of this bill's provisions are set to take effect on September 1, 2018, including a provision allowing an individual to petition a California court to recognize their gender as nonbinary, which would then allow them to subsequently request a new...
The February 14 mass shooting at Marjory Stoneman Douglas High School has inspired a groundswell of political activism at K-12 schools across the country. Lozano Smith previously reported on considerations and implications of student activism surrounding this issue. (See 2018 Client News Brief No. 7.) School districts must also consider if and how to regulate and respond to employee speech surrounding the gun control debate and other controversial topics. Additionally,...
A public school district's policies prohibiting picketing and the display of signs and banners on District property violated the free speech rights of picketers and their supporters, the Ninth Circuit has ruled. (Eagle Point Educ. Ass'n. v. Jackson County School District No. 9 (9th Cir. Jan. 26, 2018, Nos. 15-35704, 15-35972) ___ F.3d ___.)
Anticipating a teacher strike, the Jackson County School District No. 9 in Oregon adopted two resolutions th...
Effective January 1, 2018, the federal Department of Transportation (DOT) will require safety-sensitive transportation employees, such as county, city, and school district bus drivers, to be tested for prescription opioids in an effort to tackle opioid abuse. The DOT's final rule, which was published on November 13, 2017, amends the Code of Federal Regulations.
Under the new rule, the DOT will require safety-sensitive transportation employees to be tested for th...
On September 28, 2017, the United States Supreme Court agreed to review the Illinois case Janus v. AFSCME, Council 31, which challenges the constitutionality of "fair share" or "agency" fees collected by unions. A decision in the case is anticipated by June 2018.
Janus challenges the constitutionality of fair share fees (a.k.a. agency fees) under Illinois law. Specifically, the Illinois Public Relations Act allows unions to collect fair share fees from non-union ...
On September 5, 2017, the Trump Administration announced plans to end the Deferred Action for Childhood Arrivals (DACA) program. The program temporarily permitted some 800,000 undocumented immigrants who arrived in the United States as children to lawfully stay, attend school, and work in the U.S. without the threat of deportation. The Administration is phasing out the program over a six-month period that will end on March 5, 2018, unless Congress enacts legislation...
Governor Jerry Brown signed two bills intended to ease California's teacher shortage. Assembly Bill (AB) 681 seeks to expedite processing of credential applications for teachers who studied in other countries, while AB 170 eliminates the requirement that an applicant for a multiple subject teaching credential possess a bachelor's degree in a subject other than education.
Both laws take effect January 1, 2018.
AB 681 will give the Commission on Teacher Creden...
State lawmakers have revised the list of sex offenses that mandate the immediate suspension of a teaching credential. These changes take effect on January 1, 2018.
Assembly Bill (AB) 872 adds several sex offenses to the list of offenses that lead to immediate suspension of a teaching credential, contained in Education Code section 44010. The new list includes all sex crimes requiring registration under the Sex Offender Act, as spelled out in subdivision (c) of ...
California employers with 25 or more employees must now inform their employees in writing about the legal rights of domestic violence, sexual assault and stalking victims. Employers, including public agencies, must provide this information using the form prepared by the California Labor Commissioner or in a notice that is substantially similar to the Labor Commissioner's form in content and clarity. The form must be provided to new employees upon hire and to other empl...
Governor Jerry Brown has signed legislation that requires public agency employers to give union representatives access to new employees during orientation sessions. The bill, which went into effect immediately after Brown signed it on June 27, is part of Assembly Bill (AB) 119, a budget trailer bill.
The bill is a product of the efforts by unions representing public employees to mitigate the impact of an anticipated United States Supreme Court decision that could m...
The United States Supreme Court has denied review of a Ninth Circuit Court of Appeals ruling that cash payments made to employees in lieu of benefits must be included as pay when calculating their overtime pay rate under the Fair Labor Standards Act (FLSA). On May 15, 2017, the Court denied the City of San Gabriel's petition for review of Flores v. City of San Gabriel (2016) 824 F.3d 890 (Flores), allowing the decision to remain legal precedent.
Flores provides narr...
On November 8, 2016, California voters passed the "Control, Regulation and Tax Adult Use of Marijuana Act" ("Prop. 64"), legalizing recreational marijuana use for those 21 years old and older. The new law, effective immediately, among many other provisions does the following related to marijuana:
Establishes a regulatory scheme for cultivation, distribution, sale, testing and use;
Allows for personal cultivation of up to six plants inside a private home;
Governor Jerry Brown considered several bills this legislative season that impact the rights of public employees and their employers. In this first part of a two-part series, Lozano Smith examines four new laws with the greatest potential impact on public employers in 2017, plus two major bills the Governor vetoed.
Assembly Bill (AB) 1918: County Offices of Education May Issue Temporary Certificates to Teachers Working in Nonpublic Schools while their Credential...
In 2015, Governor Jerry Brown signed Assembly Bill (AB) 375 (see 2015 Client News Brief No. 56), which allowed certificated school district employees to use differential leave for up to 12 weeks when they take baby bonding leave under the California Family Rights Act (CFRA), effective January 1, 2016.
On September 30, 2016, the Governor signed AB 2393, which extends the rights afforded under AB 375 to classified employees of school and community college districts...
A California trial court has ruled that the Stull Act does not require school districts to use the results of standardized test scores in teacher evaluations. (Doe v. Antioch Unified School District (Super.Ct. Contra Costa County, 2016, No. MSN15-1127.)
The court examined the text of Education Code section 44662(b)(1), which states that a school district "shall evaluate and assess certificated employee performance as it reasonably relates to [t]he progress of pup...
The Public Employment Relations Board (PERB) recently held that an employee union could bring claims alleging violations of the Educational Employment Relations Act (EERA) for a district's unreasonable delay in providing the union with requested negotiations information and for its blanket prohibition on the distribution of union literature in the workplace.
In this case, the Petaluma Federation of Teachers (PFT) filed an unfair practice charge with PERB Counse...
The Department of Justice recently released revisions to the regulations implementing the Americans with Disabilities Act (ADA) Amendments of 2008, which went into effect on January 1, 2009. The 2008 amendments were passed by Congress in response to various Supreme Court cases which denied protection to individuals under the ADA based, in part, on a finding that the individuals failed to qualify as "disabled" under the law. The purpose of the newly released revisions...
Client News Alert
On July 26, the United States Department of Labor (DOL) announced changes to two required federal employment postings. The updated Federal Minimum Wage and Employee Polygraph Protection Act notices were required to be posted at all workplaces, including public agency workplaces, by August 1.
The new Federal Minimum Wage notice, which was updated to include revised enforcement rules under the Fair Labor Standards Act, can be found here. The new Employee Pol...
Striking a major blow to the practice of providing employees with cash payments in lieu of benefits (or "opt-out payments"), the Ninth Circuit Court of Appeals issued a ruling on June 2, 2016, holding that employers, including public agency employers, must include these cash payments in the regular rate of pay when calculating the overtime rate for employees under the Fair Labor Standards Act (FLSA). (Flores v. City of San Gabriel (9th Cir., June 2, 2016, No. 14-56421)...
The Supreme Court of California in People v. Hubbard (2016) 63 Cal. 4th 378 recently upheld the criminal conviction of the former superintendent of the Beverly Hills Unified School District for improperly paying a district employee without board approval.
Jeffrey Hubbard served as superintendent of the Beverly Hills Unified School District from 2003 to 2006. During his tenure, he directed the district's payroll department to increase the compensation of Karen Christ...
Effective April 1, 2016, California employers are subject to new regulations under the California Fair Employment and Housing Act (FEHA), which prohibits workplace discrimination and harassment. The new regulations focus on changes in the following three areas: employer policies, training and dissemination of an employer's harassment, discrimination and retaliation prevention policy.
Employer Anti-Discrimination/Anti-Harassment/Anti-Retaliation Policies
To prove a claim for disability discrimination under the California Fair Employment and Housing Act (FEHA), an employee must establish intent on the part of the employer. Recently, the Court of Appeal for the Fifth District held that the "intent" requirement is satisfied if the employee proves (1) the employer knew the employee had a disability or the employer perceived the employee as disabled, and (2) the employee's actual or perceived disability was a "substantial ...
Earlier today, the California Court of Appeal issued its decision in the closely watched case of Vergara v. State of California (April 14, 2016) 2016 Cal.App.Lexis 285, reversing a 2014 trial court’s ruling that certain teacher employment laws are unconstitutional under the equal protection clause of the California Constitution.
In June 2014, Los Angeles Superior Court Judge Rolf M. Treu invalidated state laws governing the two-year track to permanent certificate...
In a one-sentence decision, an equally divided United States Supreme Court affirmed the Ninth Circuit's ruling in Friedrichs v. California Teachers Association, which upheld the right of states to compel public employees who choose not to join unions to pay "agency fees." "Agency fees" are an equal portion of bargaining costs related to wages, benefits and working conditions. The 4-4 split follows the recent death of Justice Antonin Scalia.
Plaintiffs in this Calif...