Janae Novotny is a partner in the law firm of Burke, Williams & Sorensen, LLP. She was previously a partner at Kay & Stevens. Janae has over 30 years of experience representing cities, counties, special districts, school districts, and water districts in labor relations, employment law, public agency access law, and education law. She advises public agencies regarding all matters within the scope of bargaining, pension and retiree benefits issues under CalPERS, CERL, STRS, and local retirement systems. She represents public agency employers through the negotiations spectrum, from planning and developing negotiations parameters based on statutory fact-finding criteria through negotiations, impasse, mediation and fact-finding hearings. She advises MMBA employers regarding both safety and miscellaneous employee groups.
Janae regularly advises public agencies on a wide range of labor and employment issues, including MOU interpretation; grievance responses; benefits and leaves administration, including pension benefits; coordination of FMLA, CFRA, and Workers Compensation leaves; interactive process discussions under the ADA and FEHA; interpretation and application of new laws; worker classification issues, and employee discipline and performance evaluation issues.
In addition to bargaining with all employee groups under the education employer collective bargaining statutes, she also handles certificated and classified discipline, dismissal, and layoff, including administrator reassignment and release issues; and contract management issues; and handles all Education Code personnel issues. She is experienced in interest-based bargaining as a negotiator, trainer, and facilitator. Janae also advises school districts regarding board governance issues, student related issues, school district reorganization, federal and state constitutional issues. She has handled numerous sexual harassment and other personnel investigations, grievance arbitrations, unfair labor practice hearings before PERB, and fact-finding hearings.
Janae is a presenter at various conferences, including the CALPELRA Annual Conference, CALPELRALearn trainings, California State Association of Counties, the Association of California School Administrators, and the California School Business Officials trainings and conferences. She contributed to the development of CALPELRA ACADEMY 9, The Impasse Process From Declaration Through Post Fact-finding (AB 646). Janae also conducts trainings in labor relations and interest-based bargaining, employee evaluation and discipline, sexual harassment, disability accommodation and FMLA/CFRA, and other public sector employment issues. She is a co-author of CPER’s Pocket Guide To Factfinding, contributing author of California Public Sector Labor Relations, Labor and Employment Law Section, State Bar of California, Matthew Bender and a contributing author of Burke’s annual publication Legal Trends.
- J.D., Georgetown University Law Center
- California State University, Fresno
- State Bar of California
- United States Court of Appeals for the Ninth Circuit
- United States District Court for the Eastern District of California
- United States District Court for the Northern District of California
- United States District Court for the Southern District of California
- Decertification And Representation Petitions: Opportunities To Improve An Agency’s Labor Relations Structure
- PERB, Court and Legislative Developments Affecting HR
- Work-Life & Creating Balance: 2.0
- Negotiation Hot Topics
- Selected Negotiations Fundamentals for the Beginner or the Experienced Bargainer
- Negotiating Leaves of Absence
- Understanding and Effectively Managing Employee and Union Protected Rights
- Update on PERB & Court Decisions Affecting Bargaining – The New Developments You Need to Know
- Total Compensation in 2015 and Beyond: Practical Tools for Negotiations and Recruitment Efforts
- Scope of Bargaining
- Bargaining Process Options – Can Interest Based Bargaining Improve Things? Is it Time to Return to Positional Bargaining? How do We Decide?
- What Should We Share with the Union? Marshaling and Presenting Data Effectively
- Impasse, Factfinding and Concerted Activities
- Hot Topics
- Explaining Tidal Surges And Shifting Sands: Communicating Effectively With Employees And The Public During Negotiations