Janae Castellani is an Associate in Lozano Smith’s Fresno office. She is a member of both the firm’s Labor and Employment and the Facilities and Business Practice Groups.
Ms. Castellani assists clients through both Certificated and Classified employee discipline, including representing clients in employee dismissal proceedings. Ms. Castellani has experience advising school districts regarding the Brown Act, employee leave rights, negotiations, investigations and CalPERS and CalSTRS retirement issues.
Ms. Castellani has a wide range of experience in the litigation realm, including preparing discovery requests and responses, pleadings, and motions and has represented clients at various types of administrative hearings.
Ms. Castellani also has prior experience in representing city governments, including responsibility for code compliance, opposing Pitchess Motions, and obtaining Nuisance Abatement Warrants on behalf of the City.
Ms. Castellani is admitted to the Eastern District of California, the Southern District of California and to practice in all California courts.
Ms. Castellani earned her Juris Doctor degree from the University of Notre Dame Law School, where she was an articles editor for The Journal of College and University Law. She received her Bachelor of Arts in Political Science and Psychology from University of San Diego where she graduated magna cum laude. Ms. Castellani has received certification through ATIXA as a participant in Level 1 and Level 3 ATIXA Civil Rights Investigator Trainings.
February 2020Number 10On January 23, 2020, the California State Teachers' Retirement System ("CalSTRS") issued an Employer Information Circular taking a restrictive position regarding what leaves count for the purpose of calculating creditable compensation under the Teachers' Retirement Law. The CalSTRS Employer Circular is located here.Creditable compensation is a term set forth in the Education Code that represents all compensation reportable to CalSTRS for an employee's performance of cred...
December 2019Number 85On December 9, 2019, the Appellate Court filed its decisions inLong Beach Unified School District v. Margaret Williams LLC, holding that an indemnity provision included in a consultant agreement between the parties was unfair and therefore inapplicable to claims brought by the consultant, Margaret Williams, or her consultant company, Margaret Williams LLC, against the District.BackgroundIn 2006, Long Beach Unified School District prepared and entered into its standard fo...
October 2019Number 59On September 24, 2019, the U.S. Department of Labor (DOL) announced its Final Rule, updating the minimum salary necessary for an executive, administrative or professional employee to be exempt from overtime pay requirements. Based on these revisions to the federal overtime rules, the DOL anticipates 1.3 million more employees will now be entitled to overtime pay.The DOL previously published updates to federal overtime regulations, effective December 1, 2016 (See 2016 Clie...
July 2019Number 34In Ross v. County of Riverside, decided on June 20, 2019, the California Court of Appeal for the Fourth Appellate District reaffirmed that repeated or extended absences from work for the purpose of attending doctor's appointments amount to a limitation on a major life activity, thus physical impairments which cause such repeated or extended absences may meet the definition of a physical disability.Christopher Ross, a County of Riverside employee, brought a lawsuit against hi...
November 2018Number 70Effective January 1, 2019, all part-time playground positions will become part of the classified service of school districts and community college districts, including those K-12 and community college districts that have incorporated the merit system. (For those unfamiliar with the terminology, a "merit system" district is a district that has adopted the systems of rules and procedures set forth in Education Code sections 45240 et seq. (K-12) and 88060 et seq. (community...
School districts' part-time playground positions will join the classified service when Assembly Bill (AB) 670 becomes effective on January 1, 2018.
Under the new law, part-time playground positions, including noon-duty aides, yard aides, noon-time assistants, and playground aides, will no longer be exempt from the classified service. The law will only apply to school districts that have not incorporated a merit system.
AB 670 provides employees in part-time p...
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 ...
In Hively v. Ivy Tech Community College of Indiana (7th Cir., April 14, 2017, No. 15-1720) ___ F.3d ___ < http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit =Display&Path=Y2017/
D04-04/C:15-1720:J:Wood:aut:T:fnOp:N:1942256:S:0>, a federal appeals court evaluated whether federal antidiscrimination laws protect an individual against discrimination on the basis of sexual orientation under Title VII (42 U.S.C. § 2000e-2(a)). In a landmark decision, t...