Jennifer  Ulbrich

Associate | Walnut Creek

Attorney Insights

julbrich@lozanosmith.com
Tel: 925.953.1620
Fax: 925.953.1625
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Overview
Jennifer Ulbrich is an Associate in Lozano Smith's Walnut Creek office. Her areas of practice include labor and employment law and student issues for K-12 school districts and other public agencies. Ms. Ulbrich's experience includes advising clients on personnel and employee discipline matters, layoff proceedings, unfair practice charges before PERB, and employee grievances. Ms. Ulbrich is also skilled in litigation research and liability analysis.

Additional Experience
Prior to joining Lozano Smith, Ms. Ulbrich worked as a litigation associate for an international law firm. She has also worked in the public sector as a legal clerk for the San Francisco City Attorney's office and as a field representative for United States Senator Dianne Feinstein.

Education
Ms. Ulbrich received her Juris Doctor degree from the University of California, Davis School of Law, where she was awarded the Witkin Award of Excellence in "Conflicts of Law" and Negotiations "Dream Team" Award. Ms. Ulbrich also spent time as a legal writing tutor, as well as an assistant coach of the Davis High School Mock Trial team. She earned her Bachelor of Arts degree from the University of California, Berkeley, where she graduated with honors.

New ADA Regulations Confirm Congressional Intent to Give Broad Protection to Individuals with Disabilities

By: Dulcinea GranthamJennifer UlbrichRyan Tung-

August 2016 Number 56 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...

Court of Appeal Reverses Trial Court Decision in Vergara; Upholds Certificated Dismissal, Tenure, and Layoff Statutes

By: Dulcinea GranthamJennifer Ulbrich-

April 2016 Number 24 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...

Compulsory Agency Fees for Public Employees Remain Legal Following Supreme Court Split

By: Dulcinea GranthamJennifer Ulbrich-

March 2016 Number 17 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...

New Law Authorizes Referral of Bullying Victims and Witnesses to School Counselor

By: Sloan SimmonsJennifer Ulbrich-

September 2014 Number 56 Governor Brown recently signed into law Assembly Bill (AB) 1455, which authorizes a superintendent or principal to refer bullying victims and witnesses to various school support services. The law will apply to acts of bullying committed on or after January 1, 2015. The Education Code currently allows the superintendent and principal to use alternatives to suspension and expulsion for students who commit various acts of misconduct, including bullying. These alte...

Service Requirements Clarified for Non-Reelection of Second-Year Probationary Employees

By: Jennifer UlbrichDulcinea Grantham-

June 2013 Number 32 In the recent decision of Grace v. Beaumont Unified School District (June 4, 2013 __ Cal.App.4th__ [2013 WL 2418320]), the California Court of Appeal has issued the latest in a series of appellate decisions that address the method of service required to effectuate the non-reelection of a probationary certificated school employee under the Education Code. Pursuant to Section 44929.21(b) of the Education Code, a school district must give notice of non-reelection to a ...

Reminder: The March 15th Noticing Deadline Is Around The Corner!

By: Dulcinea GranthamJennifer Ulbrich-

March 2013 Number 10 In the month of March, it is important to prepare for timely service of various notices of personnel action that must be sent during this period. We recommend that the following actions be taken on or before March 15th: All non-reelection notices for second year probationary certificated employees should be delivered by personal service. First year probationary certificated employees may be served at any time, but we recommend serving them before March 15th. (Ed....

PERB Affirms Test For Determining When A Public Employer May Discipline Employees Acting As Union Representatives

By: Dulcinea GranthamJennifer Ulbrich-

October 2012 Number 70 In a recent decision, the Public Employment Relations Board (PERB) affirmed its test for what it considers to be protected activity when employees are acting as union representatives. In Service Employees International Union, Local 1000 (SEIU) v. State of California (Department of Corrections & Rehabilitation) (Department) (2012) PERB Decision No. 2282-S, PERB concluded that the Department committed an unfair labor practice when it disciplined a union represe...

Governor Signs Legislation to Extend Layoff Notice Timelines for Classified Employees

By: Dulcinea GranthamJennifer Ulbrich-

October 2012 Number 50 School and community college districts are currently required to provide written notice to classified employees no less than 45 days before their effective layoff date if layoffs are necessitated by the reduction or elimination of classified services because of lack of work or funds. Effective January 1, 2013, Assembly Bill ("AB") 1908 amends Education Code sections 45117 and 88017 to extend these notification timelines for classified employees from 45 to 60 days. ...

School Districts that Rescind Certificated Employee Disciplinary Charges After the Hearing is Scheduled May be Liable for the Employee's Attorneys Fees and Costs

By: Sarah KaatzJennifer Ulbrich-

July 2012 Number 35 On June 25, 2012, the California Third District Court of Appeal issued a decision which likely will influence the way school districts proceed with disciplinary charges against certificated employees. In Boliou v. Stockton Unified School District (June 25, 2012) __Cal.App.4th__ (2012 WL 2371061), the court held that once a district's governing board elects to schedule a hearing in a dismissal against a certificated employee, the Commission on Professional Competence (C...

New Appellate Case Limits Discretion Of Schools Districts To Classify And Release Employees Hired Into Categorical Programs As Temporary Employees

By: Karen RezendesDulcinea GranthamJennifer Ulbrich-

March 2012 Number 10 The California Third District Court of Appeal issued a decision in Stockton Teachers Association CTA/NEA v. Stockton Unified School District (March 1, 2012) ___ Cal.App.4th___ (2012 WL 663158) that could have a wide-ranging impact on how districts classify and terminate employees hired to serve in categorically funded programs. While we think the case was incorrectly decided and hope that the California Supreme Court will grant review of the case, as it stands now, th...