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Jennifer B. Rubin

Member

[email protected]

+1.858.314.1550

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

Jen serves on the firm’s Policy Committee and co-leads the firm’s ESG Practice Group, which leverages her experience advising corporate boards on social and governance issues. She is recognized by Chambers USA, and has an AV Preeminent ranking from Martindale-Hubbell.

Jen 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 was until recently the 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 Co-Chair of the San Diego 50/50 Women on Boards Leadership Committee.

Jen frequently writes about workplace challenges facing employers and employees. The National Law Review named Jen its “National Law Review Go-To Thought Leader” for 2020 for her article, “Vaccinate or Terminate – Mandatory Vaccination as Workplace Policy” which had over 250,000 pageviews since its publication in July 2020. In 2021, Law360 named her as a member of the Law360 Employment Editorial Board. She was also recognized by San Diego Business Journal on their Women of Influence in Law 2021 list, which recognizes female trailblazing lawyers in the region.

Her recent publications and speaking engagements include:

  • Quoted, SHRM - "California Reopening Prompts Changes to Workplace Safety Policies," June 22, 2021. 
  • Interviewed, KCBS Radio – San Francisco, COVID-19 Vaccination Considerations for Employers, May 22, 2021.
  • Quoted, Law360 - "Verifying Vaccination Status: What Employers Need to Know," May 21, 2021. 
  • Co-author, with Michael Arnold, “Have You Been Vaccinated? Your Employer (and Everyone Else) Wants to Know,” reprinted in the National Law Review, May 20, 2021.
  • Author, Bloomberg Law - "It's 2021—Do You Know Where Your Employees Are?" May 5, 2021. 
  • Quoted, Law360 - "4 Wage and Hour Mistakes Even Smart Employers Make," April 16, 2021. 
  • Author, The Daily Journal – “Arguments on California’s Corporate Board Gender Mandate,” March 12, 2021
  • Co-Author, Bloomberg Law - "Legal Risks of Employer-Sponsored Covid-19 Workplace Vaccination Clinics," February 12, 2021. 
  • Quoted, Law360 - "5 Pitfalls To Avoid When Dealing With Vaccine-Averse Workers," January 29, 2021.
  • Quoted, MarketWatch, Tech Tales, “Regulating Big Tech Will Be Hard, and California Is Proving It,” December 31, 2020.
  • Author, Law360 - "Employer Vaccine Practices May Spur Bias, Consumer Claims," December 8, 2020.
  • Quoted, Washington Post - "What You Need to Know about the Moderna and Pfizer Coronavirus Vaccine," November 17, 2020.
  • Quoted, Bloomberg Law - "Covid-19 Vaccine Mandates at Work Promise Employer Headaches" November 2, 2020. 
  • Author, Bloomberg Law - "Guidance for Complying with California's New Board Diversity Mandate" October 15, 2020. 
  • Author, Daily Journal - "California's New Diversity Mandate for Corporate Boards" October 9, 2020. 
  • 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

Events

Viewpoints

Employment, Labor, and Benefits Viewpoints Thumbnail

Masks Off, Masks On - Now What?

July 28, 2021 | Blog | By Jennifer Rubin

CDC’s updated guidance suggesting facial coverings be worn in “public indoor settings” adds a new but hopefully surmountable barrier to returning the workforce to the office (though undefined, we presume this means any indoor location where two or more individuals are working). At the outset, the CDC guidance does not create a Federal workplace mandate but rather provides a baseline for the creation of safety standards grounded in scientific data – data we recognize is not static given the nature of the Coronavirus pandemic. The latest guidance has frustrated some employers who are attempting to develop sensible policies to return their workforce to offices. We offer some practical guidance regarding the changes, if any, employers might consider in response to the latest CDC guidance.
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Webinar Recording: What’s New in ESG?

June 23, 2021 | Webinar | By Jennifer Rubin

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Return to the Office – Mandatory Vaccinations

June 22, 2021 | Video | By Jennifer Rubin

In this video, Mintz Employment Member, Jen Rubin, discusses a few important issues employers need to know with respect to vaccination programs.
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Return to the Office – Returning to the Basics

June 21, 2021 | Video | By Jennifer Rubin

Whether or not a business has returned fully to a physical workplace, partially with a hybrid arrangement, or has remained remote, there are a few key areas of focus for a successful return. In this video, Mintz Employment Member, Jen Rubin, highlights important issues employers should consider.
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Cal/OSHA has approved revised Emergency Temporary Standards (ETS) and Governor Newsom has issued an executive order waiving the usual 10-day legal review and approval process by the Office of Administrative Law (OAL). This revised ETS (the third version since late May) more closely aligns with the CDC and California Department of Public Health (CDPH) guidelines on face covering restrictions and physical distancing.
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Return to the Office – Employer Considerations (Part 2)

June 17, 2021 | Video | By Jennifer Rubin

Once an employer has committed to returning its workforce in some form or fashion to the physical workplace, what are some best practices relating to that process? In this video, Mintz Employment Member, Jen Rubin, discusses unique issues employers should consider relating to workforce surveys and gathering information from employees.
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Webinar Recording: Vaccination and the Workplace – Solving for the Latest Challenges Facing Employers

June 17, 2021 | Webinar | By Michael Arnold, Geri Haight, Jennifer Rubin, Corbin Carter

The CDC’s latest guidance lifting many restrictions for most fully vaccinated individuals has forced employers to consider whether and how to implement workplace vaccination policies. During this webinar, our speakers explored the current workplace vaccine compliance landscape and offered best practices for implementing vaccination policies aimed at making workplaces safe and while accounting for jurisdictional, political, philosophical and physical divides.
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Return to the Office – Employer Considerations (Part 1)

June 15, 2021 | Video | By Jennifer Rubin

Now that widespread vaccination appears to be slowing the pandemic, and in light of the CDC’s guidance regarding measures fully vaccinated individuals can take, returning to the office has become a priority for employers across the nation. In this video, Mintz Employment Member, Jen Rubin, discusses some concepts employers should consider as they plan to return employees to the office. 
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Cal/OSHA has relaxed some of its COVID-19 Prevention Emergency Temporary Standards (ETS) for fully vaccinated individuals to better align with the California’s June 15, 2021 goal to end most mask and physical distancing requirements. But the proposed revisions stop short of fully adopting the May 13, 2021 CDC guidance for fully vaccinated individuals and do not (yet) provide guidance on several important issues, including the enforcement of documentation for vaccine verification and how employers can demonstrate that physical distancing is not feasible.
Read more
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What is ESG?

June 3, 2021 | Video | By Jennifer Rubin

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News & Press

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Mintz Member Jennifer B. Rubin was quoted in an article published by the Society for Human Resource Management’s HR Magazine to discuss California’s relaxation of COVID-19 guidelines and how employers can comply with local rules and ordinances to regulate workplace safety.
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Mintz Member Jennifer B. Rubin was interviewed by KCBS Radio, providing guidance on how employers can navigate vaccine verification and considerations on how to implement vaccine policies in the workplace.
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Mintz Member Jennifer B. Rubin was quoted extensively in an article published by Law360’s Employment Authority detailing what employers should know about trying to manage partially vaccinated workforces following the Centers for Disease Control and Prevention (CDC)’s recent guidance suggesting that most fully vaccinated individuals may discontinue certain safety measures, such as masking and social distancing. Throughout the article, Ms. Rubin offered considerations for employers verifying vaccination status including utilizing trained professionals, planning for proof of vaccination in lieu of CDC cards, and mitigating the high risk of bullying created by dividing the workplace into two populations.
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Mintz Member Jennifer B. Rubin authored a Bloomberg Law Insights column that examined the legal implications of a pandemic-created nomadic workforce, which continues to create complexities for employers because of state and local wage-and-hour laws and other regulations. Ms. Rubin’s article explained how organizations can get a handle on where their employees are working and why they need to do so.
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Mintz Member Jennifer B. Rubin was quoted extensively in an article published by Law360’s Employment Authority that examined four wage and hour mistakes even smart employers make, especially in the midst of the coronavirus crisis, including not staying on top of employees’ remote work locations, job responsibilities, and more.
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Mintz Member Jennifer B. Rubin was selected to participate in Law360’s 2021 Employment Editorial Advisory Board, which is a designated group of attorneys that provide feedback on the publication’s employment law news coverage and insights on how best to shape future coverage.
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Mintz Member Jennifer B. Rubin authored a perspective column for the Daily Journal examining recent oral arguments before the U.S. Court of Appeals for the Ninth Circuit in Meland v. Padilla, one of two cases challenging Senate Bill 826, California’s groundbreaking gender parity law for public company boards.
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Mintz Members Brian P. Dunphy, Joanne S. Hawana, and Jennifer B. Rubin co-authored a Bloomberg Law insights column examining potential legal liabilities for employers implementing Covid-19 workplace vaccination programs, explaining that immunity under the federal Public Readiness and Emergency Preparedness Act (PREP Act) is not absolute.
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Mintz Member Jennifer B. Rubin was quoted extensively in an article published by Law360’s Employment Authority that examined five missteps employers might take when dealing with their unvaccinated workforce, such as being too glib about medical needs, basing job decisions on vaccine status, and segregating specific groups of workers, among others.
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Mintz Member Jennifer B. Rubin was quoted in an article published by MarketWatch on expansive efforts to regulate big technology companies in California, specifically regarding the state’s new mandate on corporate board diversity.
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Mintz Member Jennifer B. Rubin authored an article published by Law360 that examined legal challenges employers face as they contemplate the impact of the coronavirus vaccine on the workforce, and how mandatory vaccination programs may create a workforce of immuno-haves, or those who have received the vaccination, and potentially expose employers to employment and consumer claims.
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In an article published by The Washington Post, Mintz Member Jennifer B. Rubin was quoted on the potential legal and political issues associated with employers mandating a COVID-19 vaccine once it’s approved by the U.S. Food and Drug Administration.
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Mintz Member Jennifer B. Rubin was quoted in an article published by Bloomberg Law on potential legal issues for employers that plan to impose a mandate that workers take the COVID-19 vaccine once it’s available.
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Mintz Member Jennifer B. Rubin authored an article published by Bloomberg Law that provides guidance for California-based public companies to comply with the state’s mandate on corporate board diversity.
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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
Jun
23
2021

What’s New in ESG?

Corporate Director's Forum

Webinar Reference Image
Panelist
May
27
2021

Onboarding Diversity & Inclusion

ACC New York City

Webinar

Webinar Reference Image
Speaker
Mar
4
2021
Conference Reference Image
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