Janae Novotny is a partner in the law firm of Burke, Williams & Sorensen, LLP. She was previously a partner at Kay & Stevens. She 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.
Ms. Novotny 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. Ms. Novotny 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.
Ms. Novotny 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). Ms. Novotny 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.