Jayme A. Duque is an Associate in Lozano Smith's Monterey office. Ms. Duque’s practice focuses on labor, employment and student issues faced by her public agency clients.
Ms. Duque recently worked for a law firm where she focused on the various stages of family law litigation including client counseling, drafting motions, propounding discovery, responding to discovery, negotiating, performing research, and making court appearances. In addition, she has experience providing litigation support for workers’ compensation, personal injury, social security disability, and unlawful detainer matters. She also interned for the United States Equal Employment Opportunity Commission where she performed legal research and writing on a range of federal anti-discrimination issues and assisted with charge intake and investigations.
Ms. Duque earned her J.D. from Seattle University School of Law, and a Bachelor of Political Science Major and Minor in Education Studies from the University of California, Los Angeles.
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...
In September 2018, Governor Jerry Brown approved a series of bills that expand on the instruction of comprehensive sexual health education for California public school students.
The California Healthy Youth Act requires that school districts ensure that pupils in grades 7 through 12 receive comprehensive sexual health education, including human immunodeficiency virus (HIV) prevention education, and information on sexual harassment, sexual assault, sexual abuse, ...
The 2018 education omnibus trailer bill, Assembly Bill (AB) 1808, was approved by Governor Jerry Brown this summer. Among other things, the bill creates the Classified School Employee Summer Assistance Program for the 2019-2020 school year. The first deadline for this program is January 1, 2019. Therefore, the governing boards of local educational agencies (LEAs) must determine before the end of the 2018 calendar year whether or not to participate in the program.
Assembly Bill (AB) 2128, effective January 1, 2019, will allow evidence and testimony outside the current four-year time window when a certificated employee is accused of sexual misconduct with a student or minor.
Generally, Education Code section 44944 prohibits testimony, evidence, or a dismissal or suspension decision relating to matters that occurred more than four years before the date a permanent certificated employee is served with a notice of disciplinary...
Assembly Bill (AB) 2234, which becomes effective January 1, 2019, provides a comprehensive set of requirements for the presentation of testimony by minor witnesses at administrative disciplinary proceedings initiated under the egregious misconduct hearing process for permanent certificated employees, and for discipline hearings involving allegations of egregious misconduct for permanent classified employees of merit or non-merit system school districts. As a reminder, ...
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 ...
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...