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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 is a Co-Chair of San Diego’s Workplace Equity & Civility Initiative, an initiative launched as a proactive and productive community response to the #MeToo movement that is facilitated by The Lawyers Club of San Diego.  She is also Co- Chair of the San Diego 2020 Women on Boards Leadership Committee. 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 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, Bloomberg Law - "Insight: How to Handle Employees Who Refuse Mandatory Vaccines" August 11, 2020.
  • Author, National Law Review - "Vaccinate or Terminate - Mandatory Vaccination As Workplace Policy" August 4, 2020.
  • Author, Law360 - "What Employers Should Know About Return-To-Work Surveys" June 19, 2020. 
  • Co-Author with M. Frayer, Harvard Law School Forum on Corporate Governance - “Board Oversight of Human Capital Risk – Is it Time to Appoint a Chief Covid Officer?” May 19, 2020.
  • Quoted, Bloomberg Law - "What's Legal in Covid-19 Pay Cuts Isn't Necessarily What's Fair" May 11, 2020.
  • Quoted, SHRM - "Revise Policies to Facilitate Return to Work" April 22, 2020.
  • Author, San Francisco Daily Journal - "Gender Mandate for Corporate Boards: A Year in Review" 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, 2020 Women on Boards, National Conversation on Board Diversity, San Diego Chapter - "Update on Legal Challenges to SB 826" 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

Employment, Labor, and Benefits Viewpoints Thumbnail

California Seeks to Expand its Board Diversity Mandate

September 9, 2020 | Blog | By Jennifer Rubin

Read more
Employment, Labor, and Benefits Viewpoints Thumbnail

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.
Read more
Case Study Hero Dismissal of Class Claims Against Eaglet on School Mintz

COVID-19, the New School Year, and Working Parents

September 8, 2020 | Blog | By Delaney Busch, Jennifer Rubin, Michael Arnold

The reopening of schools during the COVID-19 pandemic continues to present challenges for working parents and the businesses that employ them. Not surprisingly, a one-size-fits-all approach for employers to appropriately manage working parents is likely difficult, if not impossible, to craft. In this post, we highlight some of the risks employers may face while offering some guidance regarding best practices to address these risks.
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Employment, Labor, and Benefits Viewpoints Thumbnail

Temperature Checks May Add Privacy Notice Obligations for California Businesses

June 17, 2020 | Blog | By Natalie Prescott, Jennifer Rubin, Cynthia Larose

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Coronavirus Molecule

Part One of the COVID-19 Roadmap Series: Introduction

April 22, 2020 | Blog | By Jennifer Rubin

The rapid onset of the coronavirus crisis stripped many employers of the opportunity to prepare an orderly retreat from the physical workplace. While we do not know what the “normal” post-pandemic American workplace will look like, employers should plan now for this transformation.  The Mintz Employment, Labor and Benefits section is pleased to provide this Roadmap for the Post-Pandemic Workplace series that will provide guidance on critical issues employers should focus on as they prepare for what promises to be a very different workplace.
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Privacy & Thumbnail Viewpoints Thumbnail

New Feature: Mintz Privacy Professionals in the News

April 14, 2020 | Blog | By Cynthia Larose

The Mintz Privacy team has been tracking privacy issues related to COVID-19. We have been featured in various publications talking about cybersecurity risks, GDPR regulations, the California Consumer Privacy Act, and more.
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Employment, Labor, and Benefits Viewpoints Thumbnail

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

April 8, 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.
Read more
Employment, Labor, and Benefits Viewpoints Thumbnail

Best Practices for AB 5 Compliance

April 6, 2020 | Video | By Jennifer Rubin

Jen Rubin explains that business should review existing contracts to ensure that they have properly classified individuals under California’s AB 5 law and provides guidelines for addressing any potential issues.  
Read more

News & Press

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Mintz Member Jennifer B. Rubin authored a Bloomberg Law Insights column that provided legal considerations for employers that may implement a mandatory workplace vaccination program for the highly anticipated COVID-19 vaccine.
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Mintz Member Jennifer B. Rubin authored a Law360 expert analysis article that provided legal considerations for employers conducting employee surveys to help prepare for the return to the workplace.
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Mintz Members Jennifer B. Rubin and Melissa Frayer co-authored an article published by Harvard Law School Forum on Corporate Governance that examined board responsibilities during the coronavirus pandemic and offered risk mitigation measures, such as designating a “Chief Covid Officer” to ensure corporate compliance with applicable health and welfare obligations and the resulting safety of employees and consumers.
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In an article published by Bloomberg Law, Mintz Member Jennifer B. Rubin was quoted on legal considerations for businesses implementing employee pay cuts due to COVID-19.
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Mintz Member Jennifer B. Rubin was quoted in an article published by Society for Human Resource Management (SHRM) highlighting how employers can prepare for their workforce’s return to the workplace now following the pandemic, including a potential chief COVID officer and acknowledgement of organization policies by employees prior to returning to the office.
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In an “Expert Spotlight” column published by Wolters Kluwer, Mintz Member Jennifer B. Rubin offered tips for employers and employees to navigate privacy, mental health, and litigation risks that can arise from work-from-home arrangements necessitated by the COVID-19 pandemic.
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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.
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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