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.
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.
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.
Starting January 1, 2019, California school and community college districts will be required to pay certificated, classified, and academic employees eligible for parental leave under recently enacted laws at least 50% of their salaries once they exhaust their sick leave and begin taking differential leave. This requirement applies regardless of the rate districts pay substitute employees to fill in for the employees on parental leave. The new law is a result of Assembl...
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...
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...
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...
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...
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 ...
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....
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...
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. ...
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...
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...