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Jennifer B. Rubin


[email protected]



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 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 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, 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


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

Recent Insights

News & Press


Viewpoint General

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.
Viewpoint General

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.
Viewpoint General

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.
Viewpoint General

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.
Viewpoint General

#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.

Viewpoint General
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.
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.

News & Press

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 | 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 | 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.
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.
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.

What Can You Say in the Workplace? Whatever Your Employer Allows You to Say ….

August 16, 2017 | 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.
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.

Another Chapter in California’s PAGA Saga

August 15, 2017 | 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.

California Joins the Ban-the-Box Bandwagon

July 5, 2017 | 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. 
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 | 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 | 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 | 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 | 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 | 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.”



The National Convention on Board Diversity

2020 Women on Boards

San Diego, CA


San Diego SHRM Law Day

San Diego Society for Human Resource Management

San Diego, CA


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


Second Annual Employment Law Summit

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


2016 HRC Corporate Quality Index

Human Rights Campaign San Diego; Qualcomm

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


Marriage Equality Seminar

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

San Diego, CA


The 6th Annual San Diego Women in Leadership Symposium

California Diversity Council

7525 Torrey Santa Fe Road, San Diego, CA 92129