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Audrey Nguyen


[email protected]



Audrey practices employment litigation and counsels clients on compliance with federal, state, and local employment laws. Her litigation practice includes defending clients from wage and hour, wrongful termination, discrimination and harassment, retaliation, and Private Attorneys General Act (PAGA) claims.

Audrey regularly advises clients on compliance with federal and state laws such as the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA) and the Fair Employment and Housing Act (FEHA).  Her practice also includes assisting clients with employee classifications, terminations, workplace investigations, and employee handbooks and policies.

Audrey contributes to the employment group’s blog with updates on California’s ever-evolving body of employment laws regarding topics such as COVID-19 health, safety, and benefits obligations and the implementation of California’s independent contractor standards.

Audrey has an active pro bono practice. She has provided local small businesses and non-profits with COVID-19 relief counseling and represented a client in asylum proceedings.


  • University of California - Berkeley (JD)
  • University of California - Berkeley (BA)


- Vietnamese

Recent Insights

News & Press



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Conference Recordings: Mintz's Annual Employment Law Summit

March 12, 2021 | Webinar | By Michael Arnold, David Barmak, Jessica Catlow, Micha Mitch Danzig, Geri Haight, Andrew Matzkin, David Lagasse, O'Kelly E. McWilliams, III, Jennifer Rubin, Tyrone Thomas, Alexander Hecht, Danielle Bereznay, Jennifer Budoff, Delaney Busch, Corbin Carter, Emma Follansbee, Natalie C. Groot, Paul Huston, Brie Kluytenaar, Brendan Lowd, Audrey Nguyen, Nicole Rivers, Richard Block

Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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A Brief Guide to California's Latest Employer COVID-19 Reporting Obligations

December 7, 2020 | Blog | By Jennifer Rubin, Audrey Nguyen, Nicole Rivers

California employers are now subject to three new COVID-19 related reporting obligations when there is a COVID-19 positive employee or employees in their workplaces, including: reporting to their (1) workers’ compensation carrier, (2) employees and other workers, and (3) local public health authority. We address each obligation below.
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AB 5 “2.0” – California Tweaks its Independent Contractor Ban

September 8, 2020 | Blog | By Jennifer Rubin, Audrey Nguyen

California has amended its independent contractor law to make more jobs and professions exempt from the “ABC” test that AB 5 codified last year.  Governor Newsom signed the amendment into law on September 4, 2020. It becomes effective immediately. See the changes made to the law.
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California’s Ban on Mandatory Employment Arbitration Stayed for Now

January 10, 2020 | Blog | By Jennifer Rubin, Audrey Nguyen

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California AB 5’s Impact on Board Directors and Advisory Members

December 20, 2019 | Blog | By Jennifer Rubin, Audrey Nguyen

AB 5’s elimination of independent contracting as we know it in California will have significant legal consequences for businesses doing business in California. While we believe board directors will escape its reach, businesses with advisory boards should proceed with caution. Effective January 1, 2020, AB 5 will presume that every California worker is an employee unless the hiring entity establishes that the worker meets the three criteria of the so-called “ABC” test, or the worker satisfies one of the law’s exemptions.
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California Prohibits Mandatory Employment Arbitration

October 25, 2019 | Blog | By Audrey Nguyen, Jennifer Rubin

California Governor Gavin Newsom just signed AB 51 into law, which means that effective January 1, 2020, employers will (purportedly) be prohibited from requiring employees to consent to mandatory arbitration of employment claims. Here is what your business needs to do now:
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Read about the AB 5, a bill passed by the California legislature that effectively bans nearly all categories of independent contractors, not just gig economy workers.
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The Bubbler

The Bubbler - February 2019

February 19, 2019 | Blog | By Audrey Nguyen, Paul Huston

January ushered in many new developments across many employment law compliance categories. We hope this summary will help you keep track of the changes most relevant for you.
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Employers must provide applicants and employees with separate federal and state Fair Credit Reporting Act (FCRA) disclosure forms, said the 9th Circuit in an important decision released last week.
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California Clarifies its Salary History Ban

July 27, 2018 | Blog | By Audrey Nguyen

Earlier this month, Governor Jerry Brown signed A.B. 2282 into law, clarifying several unanswered questions concerning California’s salary history ban.
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News & Press

This column focuses on nine changes to the Labor Code under the state of California’s Fair Pay Act. Member Jen Rubin and attorney Audrey Nguyen, both San Diego-based Employment, Labor & Benefits attorneys, co-authored the article.