Jennifer Rubin

Jennifer Rubin

Mintz Levin

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Latest Publications


Corporate Divorce Series: Acqui-Hires: A Corporate Blended Family?

Blended families may be more common than organic ones these days and perhaps the same can be said about employees in corporate America....more

8/15/2016 - Acquisitions Employee Rights Employment Contract Selling a Business Subsequent Purchasers

Three California Municipalities Enact New Minimum Wage and Paid Sick Leave Laws

The trend toward local regulation of employment laws continues in California with three new local wage and hour enactments....more

6/17/2016 - Earned Sick Time Local Ordinance Minimum Wage Paid Leave Sick Leave Wage and Hour

Corporate Divorce Series: Online Dating, The Bachelor, and Predicting Successful Employment Relationships

If there is a predictive model for dating, why can’t the same model apply to the employment relationship? I was fascinated to learn recently that eHarmony, the online dating site, had launched a career site called...more

4/4/2016 - Employment Contract Hiring & Firing

Corporate Divorce Series: Do Fraudulent Credentials Annul Employment Contracts?

If you follow my corporate divorce series, you are familiar with my affinity for the employment-as-marriage metaphor. I’ve already examined how employment relationships end or should end. But I have yet to address an...more

1/15/2016 - Employment Application Employment Contract Fraud Void Contracts

Corporate Divorce Series: Is Employee Solicitation A New Kind of Custody Dispute?

If you’ve been following my corporate divorce series, you are familiar with my view about who owns what at the end of the employment relationship, who pays what to whom, and even how to end the relationship. But I have yet to...more

12/9/2015 - Employee Solicitation Employer Liability Issues Non-Solicitation Agreements Separation

Truthful Terminations May Lead to Better Consequences

We are often asked what, if anything, employers should tell an employee about the reasons for the employee’s termination, especially if the termination is abrupt. We tell employers to tell the truth....more

11/23/2015 - Discrimination Employer Liability Issues Hiring & Firing Pretext Termination

Corporate Divorce Series: An Employment Relationship Fail

Few of us can honestly say that our job never disappoints us and the same can probably be said of personal relationships. But how do you know when you are in a failed employment relationship and what do you do about it?...more

10/30/2015 - At-Will Employment Discrimination Employer Liability Issues Hostile Environment Human Resources Professionals Separation Workplace Bullying Workplace Violence

Corporate Divorce Series: Your Cheatin’ Heart … Is Thinking About Leaving a Job Flirting or Infidelity?

You don’t have to have an Ashley Madison account to know that a spouse who strays into an affair is unfaithful to the marriage. Is there a similar adulterous line for employees when they consider leaving an existing job?...more

10/15/2015 - Duty of Loyalty Job Ads Job Offers Separation

Corporate Divorce Series: Disparage-Me-Not

If you have been following my corporate divorce series, you may have read the “Break Up” piece where I advised newly terminated folks to keep their cool if they are unexpectedly fired because their post-firing behavior might...more

10/8/2015 - Contract Drafting Dispute Resolution First Amendment Liquidated Damages NLRA Non-Disparagement Provisions Severance Agreements Termination

What Does the Latest Uber Decision Mean for Your Gig Business?

If you tuned in to my appearance a few months ago on Bloomberg Law Radio, you heard me bemoaning our legal system’s failure to catch up with the gig economy. For those of you who don’t know, the term “gig economy” (also...more

9/4/2015 - Class Action Class Certification Contract Drafting DOL Independent Contractors Misclassification On-Demand Services Sharing Economy Uber

One Size Fits All? The Case for Unified Employment Policies for Multi-State Employers

One of the questions clients frequently pose to me is how to make employment policies uniform across the different states where their employees work. Now it seems to me that this is a most appropriate question in this day...more

9/2/2015 - Anti-Discrimination Policies Cost-Benefit Analysis Employment Policies Multistate Corporations Paid Leave Policies and Procedures Uniformity Wage and Hour

Corporate Divorce: No Fault Employment?

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends....more

8/14/2015 - At-Will Employment Hiring & Firing Termination Unemployment Insurance

Corporate Divorce Series: The Courtship of Employment Negotiation

Yes I realize that had my Corporate Divorce series progressed in a linear way, I would have started with The Courtship instead of The Break Up, but employment law metaphors are sometimes unpredictable. In my defense, I note...more

8/10/2015 - Hiring & Firing Job Applicants Job Offers Negotiations

Corporate Divorce: Is Unemployment Like Alimony?

In my last article I promised to examine as part of my Corporate Divorce Series whether alimony (though the politically correct term these days is “spousal support”) is like unemployment (I’m pretty sure it is still...more

7/21/2015 - Employer Liability Issues Hiring & Firing Payroll Taxes Unemployment Unemployment Benefits

Can a Move to California Invalidate a Non-Compete?

It turns out the answer to this question depends on the reason for the move and whether California law applies to the contract. We all know that California is finicky when it comes to non-competes – so much so that...more

7/20/2015 - Choice-of-Law Compelling Governmental Interest Corporate Counsel Employee Rights Employer Liability Issues Non-Compete Agreements Relocation Restrictive Covenants

Post-Employment Covenants: Is an Inducement to Smile An Inducement to Cancel?

A recent Circuit Court case confirms that the term “non-inducement” means just that. In American Family Mutual Insurance Company v. Graham, the Eighth Circuit affirmed a jury verdict against an insurance agent who, the jury...more

7/16/2015 - Appeals Breach of Contract Corporate Counsel Employer Liability Issues Former Employee Former Employer Hiring & Firing Inducement Insurance Agents Jury Verdicts Non-Compete Agreements Restrictive Covenants

No Fault Employment?

The divorce metaphor bears fruit yet again when it comes to the employment relationship. To this mix I add the concept of “no fault” divorce and the reasons employment ends. A “no fault” divorce permits a spouse to end a...more

7/10/2015 - At-Will Employment Breach of Contract Employment Contract Hiring & Firing Misappropriation Protected Class Restrictive Covenants Termination Wrongful Termination

Corporate Divorce: Property (Re)Distribution

Who Owns What - Unlike the marital relationship, which hypothetically balances power between spouses, the employment relationship is founded on the central concept of control: it is the employer who dictates the time,...more

7/6/2015 - Bring Your Own Device Customer Lists Digital Assets Hiring & Firing Intangible Property Termination

Corporate Divorce: Treat Your Employment Contract Like a Prenup

Once again I observe that while I am not a divorce lawyer, the analogies of divorce law to my employment practice are startling. Two parties meet (the interview), they realize how many things they have in common (the job...more

6/22/2015 - Employment Contract Equity Compensation Hiring & Firing Non-Compete Agreements Severance Agreements

California’s Paid Sick Leave Law Takes Effect July 1

As of July 1, 2015, any employer with employees in California must comply with the state’s new Paid Sick Leave Law (AB 1522). Below is a brief summary of what this change will mean to employers...more

6/22/2015 - Employee Handbooks Paid Leave Paid Sick Leave Act Sick Leave

California’s Paid Sick Leave Law Takes Effect July 1

As of July 1, 2015, any employer with employees in California must comply with the state’s new Paid Sick Leave Law (AB 1522). Below is a brief summary of what this change will mean to employers...more

6/19/2015 - Employee Handbooks Paid Leave PTO Sick Leave

2015 Employment Law Issues Tournament: Sweet Sixteen Results and Recaps

The Sweet Sixteen has come and gone and it was glorious. Streamed live over our new Apple Watches, 16 employment law issues battled it out for the right to move onto the Elite Eight, which will be held next week at Sixth...more

3/25/2015 - Discrimination FMLA Non-Compete Agreements Wage and Hour

Restrictive Covenants: The Employee Choice Doctrine Explained … Yet Again

The “employee choice” doctrine is one of those employment terms that is as misunderstood as “right to work,” “employment at will” and my personal favorite, “labor lawyer”. But a recent New York Federal court in IBM v Smadi,...more

3/20/2015 - Former Employee Non-Compete Agreements Restrictive Covenants

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

3/17/2015 - At-Will Employment Background Checks Disparate Impact Drug Testing EEOC FMLA Gender Discrimination Harassment Involuntary Reduction in Force Minimum Wage Non-Solicitation Agreements OWBPA Paid Sick Leave Act PTO Rest and Meal Break Retaliation Training Requirements Transgender Unpaid Interns Wage and Hour Wage Deductions WARN Act

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