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Jennifer R. Budoff

Associate

[email protected]

+1.202.434.7381

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Jennifer provides clients with representation and counsel on a broad range of employment matters. She has significant experience defending employers in discrimination, retaliation, harassment, and wrongful termination claims in state and federal court, including the representation of employers in actions before Administrative Agencies.

In addition, Jennifer has substantial experience counseling management and human resource professionals on a broad range of workplace issues. In this regard, she regularly advises clients on best practices to minimize the risk of litigation and exposure, including monitoring and advising on changing employment legislation, and providing training for managers and employees on sexual harassment and discrimination in the workplace.

Jennifer also conducts internal investigations related to employment misconduct issues, prepares and updates employment policies and handbooks, negotiates employment and severance agreements, and assists in reductions in force and the onboarding of new employees.

Prior to joining Mintz, Jennifer was senior counsel in the Washington, DC and New York offices of a large law firm where she practiced employment law, commercial litigation, and professional liability.

Education

  • New York Law School (JD, cum laude)
  • New York University (BA, with distinction)

Recognition & Awards

  • Best Lawyers in America "Ones to Watch": Labor and Employment Law - Management (2021)

Involvement

  • Member, McInerney Inns of Court
  • Member, DRI Young Lawyers Committee and Employment Law Committee
  • Member, New York State Bar Association
  • Member, Regional Development Fund Board, American Kidney Fund
  • Past volunteer, DOROT

Recent Insights

News & Press

Viewpoints

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Part Eight of the COVID-19 Roadmap Series: Avoiding COVID-19 Wage & Hour and Labor Law Pitfalls

May 15, 2020 | Blog | By Jennifer Budoff, Delaney Busch, Brendan Lowd

In Part Eight of our Roadmap Series, we take a closer look at wage and hour compliance concerns that may arise during the COVID-19 pandemic, and what employers can do to minimize these pitfalls.

Remember that wage and hour concerns, and how to properly address them, will often depend on whether a company is dealing with exempt employees (i.e., employees not entitled to overtime pay regardless of the number of hours worked in a day or week) or non-exempt employees (i.e., employees entitled to overtime pay if the employee works more than eight hours a day or forty hours in a week, depending on the state). This critical distinction will largely govern how employers should consider and plan for the issues described below.
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In Part Seven of our Roadmap Series, we take a closer look at the impact of COVID-19 on employee mental and physical well-being, and what employers can do to assist their workforce.
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COVID-19 Updates in the DMV: Guidance for D.C., Maryland & Virginia Employers

April 23, 2020 | Blog | By Jennifer Budoff, Danielle Bereznay

With the rapid spread of COVID-19 throughout the United States, the federal and state governments have scrambled to adjust existing legislation, or create new legislation, to account for the “new normal.” It is no surprise that many employers, especially those that operate in multiple jurisdictions, are struggling to keep up. Here we have summarized recent COVID-19 related updates in the D.C., Maryland, and Virginia region.
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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.
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The D.C. council is considering legislation that would prohibit the use of non-compete provisions for entry level and moderate-income employees, and would apply to D.C. workers that earn up to three times the minimum wage, currently equal to $87,654 annually.   
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Calculating overtime pay for tipped employees working in multiple positions at different rates in a single workweek can be confusing. So confusing, in fact, that we discovered that even the District of Columbia’s Department of Employment Services (“DOES”) was getting it wrong in guidance published on its website. Before reviewing what DOES did wrong, let’s briefly review the key principles to keep in mind when calculating overtime pay for tipped and non-tipped employees in Washington, D.C.
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Artificial Intelligence in the Employment Relationship: Friend or Foe?

August 21, 2019 | Blog | By O'Kelly E. McWilliams, III, Jennifer Budoff

Artificial Intelligence (“AI”) is no longer the stuff of sci-fi movies or alien invasions.  The technology has permeated everyday life from Siri and Alexa to Facebook and Google.  While marketing teams have been relying on AI for years to help streamline business efforts and target consumers, employers have finally joined in on the hype. 
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New York Extends Pay Equity Act to All Protected Classes

June 25, 2019 | Blog | By Jennifer Budoff, Michael Arnold

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Employers Beware: Judge Greenlights Employee’s Privacy Lawsuit Over Dropbox Access

March 28, 2019 | Blog | By Cynthia Larose, Jennifer Budoff

Many employers maintain policies limiting their employees’ expectation of privacy in the workplace, including policies that eliminate any expectation of privacy when using company-issued electronic devices. While employers may think that having such a policy would protect them from invasion of privacy claims under the Fourth Amendment or state law, a recent federal court decision may cause employers to think otherwise. This post examines this decision and provides best practices for avoiding issues with employees’ privacy interests.
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Employers with workers in Massachusetts will have a lot to do between now and October 1, 2018, when reforms to Massachusetts non-compete laws go into effect.
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News & Press

Mintz attorneys O’Kelly E. McWilliams III and Jennifer R. Budoff have authored this high-level overview of some of the more prevalent challenges employers may encounter when deploying AI in the workplace, and guidance on the proactive steps employers should consider.
This column discusses the impact of the U.S. Supreme Court’s decision in Epic v. Lewis which addressed a long debated issue – can employers require that workplace disputes be litigated in individual arbitrations or should employees always have the option to bring class action claims in court. The column is authored by a team of Employment, Labor & Benefits attorneys including Member Kate Beattie and Associates Jennifer Budoff and Brendan Lowd.