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.
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...