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Jennifer B. Rubin

Member

[email protected]

+1.858.314.1550

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Jen draws on nearly 30 years of experience in tailoring legal solutions to employment-related problems to advise clients on both coasts. Her clients range from start-ups to Fortune 50 companies and business executives. She advises technology, financial services, publishing, professional services, and health care companies who seek regulatory, litigation, and compliance advice. She focuses her practice on wage and hour compliance and class actions, trade secrets and employment mobility disputes, and employment and equity agreements.

Jen’s bi-coastal employment practice focuses on crafting business solutions to legal problems facing corporations and executives. While she is a zealous advocate in the courtroom, she relishes her role as counselor and focuses her practice on solving employee mobility issues, litigating wage and hour class actions, and making employment regulations accessible for her corporate clients.

Some of her more recent representative litigation matters include:

  • Winning a trial for a medical device manufacturer against its former CEO and obtaining an award of legal fees for the company against the former CEO.
  • Successfully defending a group of technology executives in an employee non-solicitation lawsuit.
  • Defeating preliminary injunction motion by one of the nation’s largest integrated pharmacy management companies against a former executive to prevent him from joining its competitor.
  • Representing a global investment bank relating to an alleged breach of an employee’s restrictive covenant agreement and unfair competition claims.
  • Defending multiple corporations in multi-jurisdictional wage and hour class action claims in California and New York.

Jen, who has an AV Preeminent ranking from Martindale-Hubbell, is a faculty member and advisor to The Honor Foundation, a non-profit organization that assists Navy Seals and other armed services special operators transition from military service to the private sector.

Jen, who was named as one of the Top Influential Leaders in 2018 and in the 2017 list of Influential Women by the San Diego Daily Transcript, is frequently quoted in the Wall Street Journal and other publications about employment topics and is a frequent contributor to the firm’s award-winning employmentmatters.com blog. You can follow her Corporate Divorce Series she publishes on LinkedIn here.

Education

  • University of Connecticut (JD)
  • University of Connecticut (BA, History)

Experience

  • Defended group of technology executives in an employee non-solicitation lawsuit.
  • Defeated preliminary injunction motion by one of the nation’s largest integrated pharmacy management companies against a former executive to prevent him from joining its competitor.
  • Represent an investment banking advisory firm and one of its managing directors in a FINRA arbitration commenced by a competitor which relates to a claim of a breach of an employee non-solicitation agreement.
  • Won a trial for a medical device manufacturer against its former CEO for breach of employment contract and obtaining an award of legal fees for the company against the former CEO.
  • Represented a global investment banking firm in connection with a claimed breach of an employee non-solicitation agreement by a multinational competitor.
  • Serve as general outside counsel to a leading provider of organization-based cloud computing applications on employment matters, counseling on a variety of internal legal matters such as reductions in force, separations, non-competes and trade secret work, wage and hour and discrimination matters, executive compensation and benefits.
  • Advised a beauty products company on a on a threatened sexual harassment matter involving senior-level executives. The Mintz team led an investigation into the claims, and also managed the ensuing mediation between the company and the individual threatening the claims, resulting in a a positive confidential settlement for our client.
  • Obtained a decision by the New York Appellate Division to set aside the jury verdict against our client, a high-profile real estate developer, in a race discrimination case.
  • Defended class action alleging unfair business practices in sale of memberships to activity and event platform. Case settled on terms favorable to client.
  • Represented Project OHR, a nonprofit provider of home attendants, in two hybrid class actions and collective actions relating to issues that arise from overtime exemptions for certain domestic employees under federal and state law. We defeated both collection action certification under FLSA as well as Rule 23 class action.
  • Represented an oncology drug development company in employment matters in connection with the reverse merger into a public company. The employment relationship of the executives was going to be impacted by the change to a public entity, which required extensive modification of the employment agreements and compliance with various federal laws and regulations applicable to officers of public companies.
  • Represented an electric utility company in defense of claims under California’s Private Attorneys General Act relating to claims of wage and hour violations by an aggrieved employee.

Involvement

  • Panelist – Bloomberg/IR Magazine Webinar – “Keep control of the company narrative in social media age”. September 25, 2018.

Recent Insights

News & Press

Events

Viewpoints

Jen Rubin, a member in Mintz's Employment, Labor and Benefits practice, wrote about the need for a thoughtful and fair investigative process in the wake of the #MeToo movement.
This week, the California Supreme Court rejected the old “totality of circumstances” test to determine if a worker was properly classified as an independent contractor in favor of a new “ABC test” under which employers will be required to classify most workers as employees.
Join me and a panel of corporate counsel and human resources professionals to discuss the #MeToo movement and its impact on the HR function at Mintz Fourth Annual Employment Law Summit in New York City on April 19, 2018.
Many state legislatures spent 2017 tinkering with post-employment covenants.  Given the growing trend to legislate locally and the employee mobility issues that seem to nag every employer, we thought the New Year would be a perfect time to review and revisit your post-employment covenants.
Welcome (almost) to the New Year: a time of renewal, a fresh start, a clean slate, and a time to make and hopefully keep resolutions. A “New Year’s Resolution” is, of course, a commitment in the coming year to change an undesired trait or behavior, to accomplish a goal or otherwise make a material improvement.
California has joined a growing list of jurisdictions, including New York City, Massachusetts, Delaware and Oregon, among others, banning salary history inquiries from job applicants. Governor Brown signed the law into effect last week and it becomes effective on January 1, 2018.
The recent controversy involving the Google employee fired for challenging his employer’s diversity policies highlights some misconceptions concerning free speech rights in the workplace.
California’s PAGA Saga continues with a pair of recently issued appellate decisions impacting these legally created class action-like lawsuits. Sounds like something our favorite attorney Bob Loblaw would be part of.

Summertime is vacation time. And vacation time means headaches for employers who engage in vacation float. Vacation “float” is the practice of advancing vacation to employees before they actually accrue it under an employer’s vacation policy.
California’s new Ban the Box regulation became effective last week. Effective July 1, 2017, questions by public employers concerning an applicant or employee’s criminal convictions will now be subject to the new regulation that employers can locate here.

News & Press

Member Jen Rubin authored this column discussing California Governor Brown’s signing into law the nation’s first gender diversity mandate for female representation on public company boards.
This column discusses where public companies should start in terms of conversations around the limits, guides and constraints on a CEO’s use of social media. Employment, Labor & Benefits Member Jen Rubin authored the piece.
Employment, Labor & Benefits Member Jen Rubin authored this column discussing what companies should do if they find their CEO accused of harassment. Jen notes that this should include the involvement of the board, perhaps a heightened degree of confidentiality, and the organization’s choice of investigator to represent the organization or conduct the investigation, or both.
Employment, Labor and Benefits Member Jen Rubin authored this column focusing on the importance of and need to have a thorough investigation process in harassment situations in the workplace.
The San Diego Business Journal editorial team conducted this Q&A with Member Jen Rubin discussing a California Supreme Court ruling on how businesses classify independent contractors. In the piece, Jen discusses the far-reaching implications.
Jen Rubin is a Member in the Mintz San Diego office focused on employment law. She authored an article, focusing on the legal implications of bullying bosses in light the recent allegations involving Harvey Weinstein and his alleged treatment of women.
Jennifer Rubin, a Member of the San Diego office authored this piece about complaints made by employees alleging the violation of their constitutional freedoms by their employer.
Jennifer Rubin, a Member in the in firm’s San Diego office, authored an article in Corporate Counsel that discusses the practice of employee microchipping and addresses some of the questions employers should consider before instituting the technology.
Jennifer Rubin, a Member in the San Diego offices, authored this piece about two recently-issued appellate decisions impacting legally created class action-like lawsuits under the umbrella of the Private Attorneys’ General Act (PAGA) in California.
Jen Rubin, a Member in the San Diego office, authored this piece about vacation “float” – “the practice of advancing vacation to employees before they actually accrue it under an employer’s vacation policy.
Jen Rubin, a Member in Mintz’s San Diego office, authored this piece about California’s new Ban the Box regulation. The piece notes that the regulation raises the bar employers must clear in order to inquire about past convictions when speaking with applicants and employees.
Jennifer Rubin and Cynthia Larose are among those interviewed in the second part of this series discussing the legality of employers’ monitoring data systems and employee digital activity, making sure that they comply with consent and other requirements when setting up programs.
Members Jennifer Rubin and Cynthia Larose are among those interviewed in this article discussing the legality of employers’ monitoring data systems and employee digital activity, making sure that they comply with consent and other requirements when setting up programs.
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. 
Jennifer B. Rubin, a Member of the Employment, Labor and Benefits Practice at Mintz, has been named to the San Diego Daily Transcript’s 2017 list of Influential Women in San Diego. This honor recognizes “the most talented, innovative and hard-working women” in San Diego County.
Jennifer Rubin, an Employment, Labor & Benefits lawyer, is featured in this American Lawyer article on the efforts by large law firms to express their appreciation toward veterans by participating in pro bono programs providing legal services.
Jen Rubin, a Member in the Employment, Labor, and Benefits Section at Mintz, authored this piece about “acqui-hiring”, the process in which a business acquires another not for its products or services, but for its workforce.
Jen Rubin, an Employment, Labor, and Benefits Section Member, authored this piece about whether predictive models implemented by dating sites, apps, and other similar platforms can translate to use for predicting successful employment relationships.
Jen Rubin, an Employment, Labor, and Benefits Member, authored this piece about whether or not fraudulent resume credentials provide a basis for annulling an employment contract.
Member Jen Rubin is quoted in this SHRM article on the need to curb heated political discussions in the workplace, advising taking action “to avoid the implicit or explicit suggestion that voting choices or political leaning in one direction or another are expectations of continued employment.”

Events

Speaker
Speaker
Jan
10
2018

San Diego SHRM Law Day

San Diego Society for Human Resource Management

San Diego, CA

Panelist
Panelist
Nov
17
2016

Annual Equality Survey Luncheon

Lawyers Club of San Diego: Lawyers Club Equality and Action Committee

The US Grant Hotel, 326 Broadway, San Diego, California 92101

Speaker
Feb
25
2016
Speaker
Jan
28
2016

Second Annual Employment Law Summit

The Princeton Club 14 West 43rd Street, New York, New York

Moderator
Dec
3
2015

2016 HRC Corporate Quality Index

Human Rights Campaign San Diego; Qualcomm

10155 Pacific Heights Blvd., Building AZ Multipurpose Room, San Diego, CA

Speaker
Aug
4
2015

Marriage Equality Seminar

Human Rights Campaign, the Tom Homann LGBT Law Association, and ThermoFisher

San Diego, CA

Speaker
Mar
26
2015
Speaker
Mar
18
2015

The 6th Annual San Diego Women in Leadership Symposium

California Diversity Council

7525 Torrey Santa Fe Road, San Diego, CA 92129