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Jennifer B. Rubin

Member

[email protected]

+1.858.314.1550

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Jen draws on over 35 years of experience crafting creative legal solutions to employment challenges. She advises technology, life sciences, financial services, publishing, professional services, and health care companies seeking regulatory, litigation, and compliance advice. She also represents corporate boards in governance matters and individual executives in employment-related matters. She has an active trial practice, and gives a broad range of advice to clients regarding wage and hour matters, trade secrets and mobility disputes, workplace investigations, and the resolution of conflicts arising from the employment relationship. While Jen is a zealous advocate in the courtroom, she relishes finding practical solutions for her clients as they navigate the manner in which the employment relationship impacts their business and personal lives. 

Jen previously served on the firm’s Policy Committee and is a current Co-chair of the firm’s ESG Practice Group, which leverages her experience advising organizations and corporate boards on diversity, social, and governance issues. In addition to being ranked by Chambers USA, she is listed with the Legal 500 and has an AV Preeminent ranking from Martindale-Hubbell. 

Jen is a long-time faculty member and advisor to The Honor Foundation, a nonprofit organization that assists Navy Seals and other armed services special operators transition from military service to the private sector. She serves on the executive committee of the board of directors of the USS Midway Museum and also chairs its governance committee. She is also a co-chair of the San Diego 50/50 Women on Boards Leadership Committee.

In addition to her law practice and leadership roles, Jen regularly speaks and writes about employment trends and industry-related information. She has been interviewed by numerous national publications such as The Wall Street Journal, The Washington Post, Bloomberg Law, Corporate Counsel, Law360, and American Banker.

Experience

  • Advises public and private company boards with respect to executive transition, complex employment matters, and governance-related issues.
  • Conducted multiple highly sensitive internal investigations relating to employee misconduct, alleged sexual harassment, and other compliance matters.
  • Obtained favorable arbitration award following hearing on a 10-count PAGA and wage and hour claims.
  • Obtained favorable arbitration award following hearing for executive for breach of employment contract and obtained legal fees from arbitrator and Delaware Chancery Court and sanctions against opposing party for raising frivolous defenses.
  • Obtained terminating sanctions against plaintiff asserting discrimination claims against nationally known retailer from a California Superior Court due to plaintiff’s discovery misconduct.
  • Represented multinational corporation in unique multi-party case relating to trade secrets and California’s SLAPP statute, resulting in successful outcome for client.
  • Drafts and negotiates complex equity, employment, and transaction arrangements for executives in connection with acquisitions, sales, and merger of selling and acquiring companies.
  • Negotiated significant reduction in proposed penalties in State of California against international technology company arising from contractor misclassification claims.
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viewpoints

How to Handle Religious Objections to a Workplace Vaccine Mandate

September 2, 2021 | Blog | By Jennifer Rubin

Employers implementing mandatory Covid-19 vaccination programs must manage, and in some cases accommodate, exemption requests. Legal exemptions from mandatory vaccination include medical exemptions under the Americans with Disabilities Act and exemptions based on sincerely held religious beliefs pursuant to Title VII of the Civil Rights Act of 1964 (and equivalent state laws for both federal statutes).
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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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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 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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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.
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News & Press

Insights-card-Press-Release

Mintz has again earned top rankings in the 2026 edition of Legal 500 United States. The firm is ranked across 20 practice categories and boasts 82 recognized individual attorneys, including seven ranked as “Leading Partner,” one “Leading Associate,” and five “Next Generation Partner” designations.

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Influential Women

February 27, 2019|

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podcasts

Mintz On Air explores how AI is reshaping board composition, director skills, governance, succession planning, and corporate strategy.

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AI’s Impact on the Attorney-Client Relationship

A Practical Policies Podcast

September 29, 2026 | Podcast | By Jennifer Rubin, Stephen Osborn

AI is changing the attorney-client relationship. Explore the risks, opportunities, and why human judgment remains essential.

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Mintz On Air explores AI in contract negotiations, covering drafting limits, legal risk, human judgment, trust, and best practices for counsel.

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Mintz On Air: Practical Policies — Truth Telling Builds Trust

August 25, 2026 | Podcast | By Jennifer Rubin

Learn how honest feedback builds workplace trust. This Mintz On Air podcast shares tips on empathy, timing, curiosity, and growth-focused reviews.

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Mintz On Air examines AI prompt injection risks in hiring and the workplace, covering security threats, candidate manipulation, and safeguards.

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Mintz On Air: Practical Policies — Taking Your Candidates to the Vet

July 29, 2026 | Podcast | By Jennifer Rubin, Joyce Dos Santos

Hiring risks in the AI era: avoid vetting mistakes, stay FCRA compliant, and build smart, role-based screening to prevent fraud and reduce liability.

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Mintz On Air: Practical Policies — Take a Human to Work Day

July 14, 2026 | Podcast | By Jennifer Rubin, Corbin Carter

HR and legal insights on AI in the workplace: why humans must stay in the loop, mitigate risk, and build trust through empathy, oversight, and culture.

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Mintz On Air: Practical Policies — Litigating in the AI Age

June 30, 2026 | Podcast | By Jennifer Rubin, Mathilda McGee-Tubb

Explore how AI is reshaping litigation in this Mintz On Air podcast—covering court access, discovery, strategy, risk, and why human judgment still matters.

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Mintz On Air: Practical Policies — Crisis Management: A First Hours Focus

June 9, 2026 | Podcast | By Jennifer Rubin, Marc H. Axelbaum

Crisis Management in the first hours: Mintz On Air podcast explores investigations, privilege, press strategy, and leadership decisions when allegations arise.

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Mintz On Air: Practical Policies — Real vs. Robot: Bots in the Boardroom

May 19, 2026 | Podcast | By Jennifer Rubin, Melanie Ruthrauff Levy

AI in the boardroom: how boards can use AI without surrendering judgment. A practical podcast on corporate governance, fiduciary duties, and AI risk.

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Events & Speaking

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Sep
9
2026

Hidden Risks of AI Notetaking in the Workplace

A Lexology Masterclass

Virtual Event

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Jun
2
2026
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Moderator
Jan
31
2025

DEI & Affirmative Action - A Challenge with Consequences

7th Annual All Day MCLE La-LAW-palooza

San Diego

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Nov
22
2024

Bridging the Gap Between Sponsorship and Mentorship

ALFDP Annual Conference

Los Angeles, CA

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Oct
10
2023
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Jun
15
2023
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Moderator
Nov
10
2022

CRISIS in the C-Suite – A Playbook for In-House Counsel

Mintz, 3580 Carmel Mountain Road, Suite 300 San Diego, CA 92130

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Speaker
Apr
6
2022

Telehealth Risk Management

Mintz

Online Event

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Moderator
Oct
27
2021

Legal ESG Summit

Legal ESG

Virtual Event

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Jun
23
2021

What’s New in ESG?

Corporate Director's Forum

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Panelist
May
27
2021

Onboarding Diversity & Inclusion

ACC New York City

Webinar

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Panelist
Nov
21
2019

The National Convention on Board Diversity

2020 Women on Boards

San Diego, CA

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Apr
30
2019
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Jan
10
2018

San Diego SHRM Law Day

San Diego Society for Human Resource Management

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

Speaker
Feb
25
2016
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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

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Mar
26
2015
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Mar
18
2015

The 6th Annual San Diego Women in Leadership Symposium

California Diversity Council

7525 Torrey Santa Fe Road, San Diego, CA 92129

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Publications

Contributor, Lawsuits Unlikely to Derail Banks’ Board-Diversity Efforts, American Banker, (December 2021)

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Recognition & Awards

  • Lawdragon: Labor & Employment, Litigation (2026)

  • Chambers USA: California, Labor & Employment (2021 – 2026)

  • Mondaq: Thought Leadership Award Winner (Autumn 2025)

  • San Diego Super Lawyers: Employment Litigation – Defense (2023 – 2025)

  • Legal 500 United States: Recognized for Workplace and Employment Counseling (2022 – 2025)

  • Corporate Counsel Business Journal: 50 Women to Watch (2023)

  • BTI Consulting: Client Service All-Star (2022)

  • San Diego Business Journal: Women of Influence in Law (2021, 2023 – 2024)

  • National Law Review: Go-To Thought Leader (2020)

  • Martindale-Hubbell AV Preeminent

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