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Jennifer B. Rubin

Member

[email protected]

+1.858.314.1550

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Jen draws on 30 years of experience crafting legal solutions to employment challenges. Her clients include small and large businesses and individual representation of executives. She advises technology, financial services, publishing, retail, professional services, and health care companies seeking regulatory, litigation, and compliance advice. She divides her employment practice between wage and hour compliance and trial practice, with a focus on class actions, trade secrets and employment mobility disputes, and the defense of discrimination, retaliation and other disputes arising from the employment relationship. While Jen is a zealous advocate in the courtroom, she relishes counseling clients as they navigate the manner in which the employment relationship impacts their business and personal lives. 

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. She also co-Chairs The Lawyers Club of San Diego’s Workplace Equity & Civility Initiative, an initiative launched as a proactive and productive community response to the #MeToo movement.  She was named as one of San Diego's Top Influential Women for 2020 and among the Top 50 Influential Leaders in 2018 by the San Diego Daily Transcript and frequently comments and writes about employment topics. You can follow her Corporate Divorce Series and other thought pieces on LinkedIn here.

Her recent publications and speaking engagements include:

  • Author, "Gender Mandate for Corporate Boards: A Year in Review," San Francisco Daily Journal, March 17, 2020.
  • Quoted, The Wall Street Journal - "Young Workers Seek Mental Health Accommodations, Employers Try to Keep Up," February 12, 2020. 
  • Moderator, ACC San Diego, SHRM and Mintz - "Politics, People & Passions: Managing Political Speech & Conflict Inside (and Outside) the Corporate Workplace," February 12, 2020. 
  • Author, Corporate Counsel - "Managing Diverse Board Personalities to Achieve Consensus," January 23, 2020.
  • Speaker, "Update on Legal Challenges to SB 826," 2020 Women on Boards, National Conversation on Board Diversity, San Diego chapter, November 22, 2019.
  • Author, Bloomberg Law - "INSIGHT: Easing Conflicts When Hiring in a Family Business," October 8, 2019.
  • Author, Law360 (Expert Analysis) - "#MeToo Shows Two Years of Progress Toward Gender Parity," October 2, 2019.
  • Author, The Recorder - "Another Shot Fired in California’s Employee Poaching War—Are There Legal Solutions to the Golden State’s Employee Mobility Dilemma?" March 6, 2019.
  • Author, Lawyers Club San Diego - "California Mandates Female Representation on Public Company Boards." November 7, 2018.
  • Author, Daily Journal - "Mandating Female Representation on Boards." October 12, 2018.
  • Panelist, Bloomberg/IR Magazine Webinar - "Keep control of the company narrative in social media age." September 25, 2018. 
  • Author, Corporate Secretary - "Managing your CEO's social media habits." August 28, 2018.
  • Author, Corporate Counsel - "Our CEO Is an Accused Harasser. Now What?" August 21, 2018. 
  • Author, Law360 - "Mintz's Jen Rubin Discusses #MeToo and the Need for an Investigative Process." August 19, 2018.
  • Author, Law360 - "Expert Analysis - #MeToo Is Missing An Investigative Process." August 15, 2018.

Education

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

Recent Insights

News & Press

Viewpoints

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Leave Tracking and Recordkeeping Under Covid-19: Adjusting for the New Normal

April 1, 2020 | Blog | By Jennifer Rubin, Jennifer Budoff

One important question the Families First Coronavirus Response Act (“FFCRA”) and other recent legislative changes raise for employers is how to track and account for employee leaves. While most employers already have systems in place to track employee absences, employers should review their pre-pandemic recordkeeping to account for the “new normal” and new laws. These updates are not only to account for the FFCRA and any other federal or state laws – including the potential application for tax credits – but also, just as importantly, in anticipation of the return to work of the employer’s workforce.
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Coronavirus Test

Coronavirus Also Impacts Employee Mental Health

March 12, 2020 | Blog | By Jennifer Rubin

The CDC and other governmental agencies have been critical in guiding employers with recommended protocols for the physical health and safety of employees and other individuals in our workplaces. While an employee’s physical well-being is important, employers should not overlook the mental health issues impacting employees in connection with their response to the coronavirus pandemic in the workplace.
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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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After being in effect for a year, California’s groundbreaking gender parity law for public company boards, while under legal attack, has not (yet) been enjoined in a similar manner to other recent creative California regulatory initiatives (notably the law banning independent contractors in the state, part of which have now been enjoined by various courts, as well as California’s attempt to ban arbitration provisions, which has now been enjoined in its entirety). Given that the gender parity law has survived to date, a brief review of its status is in order.
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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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AB 5 - California’s New Independent Contractor Law

December 12, 2019 | Video | By Jennifer Rubin

Jen Rubin discusses what employers need to know about AB 5, California’s new law that goes into effect on January 1, 2020 and effectively bans nearly all categories of independent contractors in California, not just gig economy workers.
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The California Consumer Privacy Act – A Brief Guide for Covered Employers

October 29, 2019 | Blog | By Cynthia Larose, Jennifer Rubin

The California Consumer Privacy Act becomes effective on January 1, 2020 with an amendment that impacts California employers. Covered businesses should, of course, already be in the process of preparing CCPA privacy notices and disclosures. And while the amendment carves out some of the direct CCPA provisions applicable to California employers, employee data – and how it is handled – should also be on every covered employers’ to do list.
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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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This week, Law360 published an article by our colleague and thought leader Jen Rubin that reflects on progress toward gender parity arising out of the #MeToo movement.
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#MeToo at Two — Progress Toward Parity

October 4, 2019 | Alert | By Jennifer Rubin

Read about developments related to and instigated by the two-year-old #MeToo movement, including state laws addressing sexual harassment and banning employer requests for an applicant’s salary history.
Read more

News & Press

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Mintz Member Jennifer B. Rubin authored an article published by the Daily Journal examining the impact of SB 826, California’s groundbreaking gender parity law for public company boards, which has now been in effect for its first full year.
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Mintz Member Jennifer B. Rubin was quoted in a recent article published by The Wall Street Journal on an increase in employee requests for accommodations for symptoms related to mental illnesses covered by the Americans with Disabilities Act, as well as an increase in charges filed with the Equal Employment Opportunity Commission alleging discrimination based on mental-health conditions.
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In an article published by Society for Human Resource Management, Mintz Member Jennifer B. Rubin provided tips for employers as they navigate uncertainty surrounding AB 51, a California bill that restricts the use of employment arbitration agreements, which is temporarily blocked from going into effect.
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Mintz Member Jennifer B. Rubin authored an article published by Corporate Counsel that identified some of the diverse personalities that compose a corporate board and provided guidance on how to leverage those disparate personalities to achieve consensus.
Mintz Member Jennifer B. Rubin authored an article published by Bloomberg Law Insights that outlines guidelines for hiring, lines of reporting, and noncompete terms of agreement in family-run companies and stresses the importance of documentation and process.
Mintz Member Jennifer B. Rubin authored an article published by Law360 that evaluated the impact of the #MeToo movement on the American workplace, as well as whether and how the movement has effectuated meaningful change, two years after its inception.
Mintz Member Jen Rubin explores how the perpetual search for a work-around to California’s prohibition on employee non-competes was stymied again when a California Superior Court refused to dismiss outright an intentional interference with contract claim based upon an allegedly illegal long-term employment contract.

Influential Women

February 27, 2019

Mintz Member Jen Rubin was selected among the 2019 San Diego Daily Transcript Influential Women. The article highlights Jen’s labor & employment practice and her community involvement – specifically serving as co-chair of the Lawyers Club of San Diego's Task Force on Sexual Harassment, her involvement on the steering committees of 2020 Women on Boards, and her role as a faculty member with The Honor Foundation.
Jen Rubin authors this piece discussing California's new gender mandate law for female representation on public company boards - a first in the nation.
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.
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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.
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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.
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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 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 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
Panelist
Nov
21
2019

The National Convention on Board Diversity

2020 Women on Boards

San Diego, CA

Speaker
Apr
30
2019
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