Roxana E. Khan is senior counsel in Lozano Smith's Monterey office. Ms. Khan’s practice focuses on public agency issues related to labor and employment and special education. Ms. Khan helps clients utilize preventive measures to abate costly disputes, such as reviewing current policies, practices, and procedures for systemic issues and legal compliance. Ms. Khan has been named to Super Lawyers
magazine’s “Rising Star” list four consecutive years (2013 – 2016).
Ms. Khan has represented and advised school districts, county offices of education, and mental health agencies in special education legal matters. She has represented K-12 school districts throughout the state in due process matters, federal court appeals, mediations, IEPs, resolution sessions, and the manifestation determination review process.
Ms. Khan has also represented and advised public, private, and non-profit employers in all areas of labor and employment law, including issues pertaining to wage and hour claims, reductions in force, alternative workweek schedules, paid sick leave policies, unemployment claims, wrongful termination claims, misclassification, and the ADA, ADEA, FLSA, FEHA, EEOC, NLRB, and OSHA. Ms. Khan drafts and reviews employee handbooks, policies and procedures, pre-hiring checklists, performance evaluations, independent contractor agreements, employee resident agreements, employment contracts, severance agreements, and lease agreements.
Ms. Khan has litigated single- and multi-plaintiff cases involving sexual harassment, wrongful termination, various types of discrimination, and retaliation; wage and hour class actions; collective actions under the Fair Labor Standards Act; and Private Attorneys General Act lawsuits, in state and federal courts. Ms. Khan has also represented clients in private mediations and before state administrative agencies, including the California Labor Commissioner and the Employment Development Department.
Ms. Khan earned her J.D. from Pepperdine University School of Law, and a B.A. in Anthropology and Religious Studies from University of California, Santa Barbara (High Honors
Ms. Khan currently volunteers her time as a board member of the Monterey County Women Lawyers Association, and the Central Coast Human Resource Association.
December 2019Number 78In a significant special education case published earlier this year, the California Court of Appeal ruled that a school district was responsible for funding the costs of residential placement for an adopted former foster child, despite funding assistance provided for the placement by the Department of Children and Family Services (DCFS).BackgroundB.H., a former foster child with significant disabilities, lived with his adoptive parents within the boundaries of the Manhat...
September 2018Number 53As 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 empl...
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...
The Ninth Circuit Court of Appeals recently issued a decision in M.C. v. Antelope Valley Union High Sch. Dist. (9th Cir., Mar. 27, 2017, No. 14-56344) ___ F.3d ___ [2017 U.S.App. LEXIS 5347] that expanded procedural requirements in special education cases and opened the door for parents to add issues during a special education due process hearing. This decision appears to shift the balance in favor of parents' attorneys throughout California and other Ninth Circuit state...
In a wide ranging discussion on a sensitive and challenging topic, Devon Lincoln discusses the law regarding the use of restraints in school with special education attorneys Sarah Garcia and Roxana Khan. The attorneys discuss real world experiences, the law that applies in this area, and how staff and administrators can best approach these difficult issues.