Jen draws on nearly 30 years of experience in crafting legal solutions to employment-related problems. Her clients range from small businesses to Fortune 50 companies and includes individual representation of executives. She advises technology, financial services, publishing, professional services, and health care companies who seek 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 her role as counselor and assisting clients in navigating the manner in which the employment relationship impacts the business and personal lives of her corporate and individual clients.
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 is also a member of the Lawyers Club of San Diego, and is Co-Chair of the Lawyers Club Task Force on Sexual Harassment. She was recently named as one of San Diego's Top Influential Women in 2019 and among the Top 50 Influential Leaders in 2018 by the San Diego Daily Transcript and is frequently quoted in the Wall Street Journal and other publications about employment topics. Jen frequently writes about employment-related topics. You can follow her Corporate Divorce Series on LinkedIn here.
Her recent publications and speaking engagements include:
- 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
Viewpoints
Employment Law Basics in California
January 30, 2019|Podcast
Classifying Independent Contractors
August 27, 2018|Video
Free Speech in the Workplace
August 27, 2018|Video
News & Press
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.
Events
It's hard to keep up with the changing landscape of employment laws. "San Diego SHRM Law Day" will focus on practical advice to implement legal changes and how those changes impact the employment application, interviewing, and hiring process in California.
Viewpoints
Employment Law Basics in California
January 30, 2019 | Podcast | By Jennifer Rubin, Sebastian E. Lucier
Jennifer Rubin, a Member in the Employment, Labor & Benefits Practice, and Sebastian Lucier, a Member in the Venture Capital & Emerging Companies Practice, discuss employment law related matters for companies operating in the state of California, including the challenges relating to characterizing an individual as an employee rather than an independent contractor.
Classifying Independent Contractors
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin discusses the need for employers to comply with applicable state laws that govern how an individual is properly classified as an independent contractor and the associated penalties should an employer fail to do so.
Free Speech in the Workplace
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin explains that while a private employer can set its own rules regarding what an employee can and cannot say in the workplace, there are some restrictions on a private employer’s ability to take an adverse employment action against an employee based upon certain speech.
Salary History Legislation
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin discusses state and municipal legislation that prohibits employers from asking applicants about their salary history. These laws are intended to prevent employers from artificially setting salaries based upon what the individual earned in the past, but rather, their qualifications for the position.
Employing Arbitration in Employment Disputes
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin takes a look at both the benefits and costs of employing arbitration as a mechanism to resolve employment disputes.
#MeToo Movement – Key Takeaways for Employees
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin discusses the key things employees need to understand in the wake of the #MeToo movement including reasonable expectations for the handling of a complaint of harassment or other misconduct and any subsequent punishment.
Salary History Laws – Best Practices for Employers and Candidates
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin explains the need for employers to ensure that their interviewers are properly trained to avoid running afoul of state and municipal legislation regarding salary history as well as what a candidate should do if they are asked about their salary history in a jurisdiction in which such an inquiry is prohibited.
#MeToo Movement – Key Takeaways for Employers
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin explains the need for employers to build trust in the workplace in the wake of the #MeToo movement by properly training HR professionals and regularly communicating policies.
Bullying in the Workplace
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin explains that while bullying in the work place isn’t illegal unless the bullying is related to a protected category, employers should consider instituting anti-bullying training as a best practice.
Post-Employment Restrictions
August 27, 2018 | Video | By Jennifer Rubin
Jen Rubin discusses the different types of post-employment restrictions, including non-competition agreements and non-solicitation agreements, as well as the need for employers to carefully consider what they are trying to protect before drafting and enforcing these policies.
News & Press
Another Shot Fired in California’s Employee Poaching War—Are There Legal Solutions to the Golden State’s Employee Mobility Dilemma?
March 6, 2019 | The Recorder
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 | San Diego Daily Transcript
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.
California Mandates Female Representation on Public Company Boards
November 7, 2018 | https://www.lawyersclubsandiego.com/blogpost/1289976/312794/California-Mandates-Female-Representation-on-Public-Company-Boards Lawyers Club Blog
Jen Rubin authors this piece discussing California's new gender mandate law for female representation on public company boards - a first in the nation.
Mandating Female Representation on Boards
October 12, 2018 | Daily Journal
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.
Managing your CEO’s social media habits
August 28, 2018 | Corporate Secretary
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.
Our CEO Is an Accused Harasser. Now What?
August 21, 2018 | Corporate Counsel
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.
Expert Analysis - #MeToo Is Missing An Investigative Process
August 15, 2018 | Law360
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.
Ruling on Independent Contractors to Affect All Businesses
May 27, 2018 | San Diego Business Journal
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.
Bully Bosses: Legal Liability for Workplace Jerks
October 14, 2017 | LinkedIn
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.
Employee Microchipping in the Brave New Workplace World
August 16, 2017 | Corporate Counsel
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.
What Can You Say in the Workplace? Whatever Your Employer Allows You to Say ….
August 16, 2017 | https://www.employmentmattersblog.com/2017/08/what-can-you-say-in-the-workplace-whatever-your-employer-allows-you-to-say/ Employment Matters
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.
Another Chapter in California’s PAGA Saga
August 15, 2017 | https://www.employmentmattersblog.com/2017/08/another-chapter-in-californias-paga-saga/ Employment Matters
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.
Vacation Float: Managing (and Recouping) Unearned Vacation Time
July 26, 2017 | https://www.employmentmattersblog.com/2017/07/vacation-float-managing-and-recouping-unearned-vacation-time/ Employment Matters Blog
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.
California Joins the Ban-the-Box Bandwagon
July 5, 2017 | https://www.employmentmattersblog.com/2017/07/california-joins-the-ban-the-box-bandwagon/ Employment Matters Blog
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.
Mintz Attorney Jennifer Rubin Named Among 2017 Influential Women by San Diego Daily Transcript
February 22, 2017
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.
Big Law Helps Veterans Transition to Civilian Life
November 11, 2016 | http://www.americanlawyer.com/id=1202772079824/?slreturn=20161015105102 The American Lawyer
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.
Corporate Divorce Series: Acqui-Hires: A Corporate Blended Family?
August 3, 2016 | https://www.linkedin.com/pulse/corporate-divorce-series-acqui-hires-blended-family-jen-rubin LinkedIn
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.
Corporate Divorce Series: Online Dating, The Bachelor, and Predicting Successful Employment Relationships
April 1, 2016 | https://www.linkedin.com/pulse/corporate-divorce-series-online-dating-bachelor-predicting-jen-rubin?trk=prof-post LinkedIn
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.
Corporate Divorce Series: Do Fraudulent Credentials Annul Employment
January 14, 2016 | https://www.linkedin.com/pulse/corporate-divorce-series-do-fraudulent-credentials-annul-jen-rubin?trk=prof-post LinkedIn
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.
Limit Divisive Political Discussions
January 7, 2016 | http://www.shrm.org/legalissues/federalresources/pages/political-discussions.aspx SHRM
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.”
Mintz’s Jennifer Rubin Named Client Service All-Star by BTI Consulting
February 11, 2013
Events
Speaker
Apr
30
2019
Mintz's Fifth Annual Employment Law Summit
Princeton Club of New York
Speaker
Apr
19
2018
Mintz's Fourth Annual Employment Law Summit
New York, NY
Speaker
Jan
10
2018
Panelist
Oct
15
2017
Speaker
May
24
2017
Employment-based Immigration: Talent Acquisition, Retention & Compliance under a New Administration
Mintz Levin
San Diego, CA
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
Panelist
Oct
3
2016
Speaker
Jun
21
2016
Speaker
Feb
25
2016
California Wage and Hour Laws
San Diego, CA
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
Intercare CFO Roundtable: Designing Effective Executive Compensation Practices
Hub International: Intercare
San Diego, CA
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
Speaker