Jenn Protas

Shareholder

55 South Market St., Suite 900
San Jose, CA 95113

408-947-2435 | 408-287-2583
jenn.protas@hogefenton.com
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Main Bio
Affiliation & Awards
Representative Experience
Speaking & Publications

Main Bio

Practice Overview

Jenn Protas helps employers navigate California’s numerous employment laws and defends employers with an eye toward successful, yet cost-effective resolution. Jenn is a zealous advocate for her clients and a tenacious litigator. She defends employers on matters related to wage and hour law, wrongful termination, harassment, discrimination, and retaliation in single-plaintiff litigation, Private Attorney General Act actions, and/or class actions. Her practice also includes housing discrimination matters, and business litigation.

Jenn builds relationships with her clients to better understand their businesses and provide counsel on a range of subjects, including employee leave issues, personnel management, hiring, terminations, and wage and hour practices. In addition, Jenn has substantial experience drafting employer policies, handbooks, confidentiality and nondisclosure agreements (NDAs), incentive compensation agreements, separation agreements, and settlement agreements.

Jenn is a frequent public speaker and regularly presents seminars and trainings on such employment issues as: annual legal updates, complex leave issues, complying with California wage and hour law, and effective employee management. She also provides legally-mandated harassment prevention trainings and fair housing trainings at clients’ sites.

She was named Northern California Super Lawyer from 2018 to 2022. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Prior to that, Jenn was named Northern California Rising Star in 2016 and 2017. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Practice Areas

Education

J.D., University of the Pacific, McGeorge School of Law, with distinction, Order of the Coif (top 10%)
B.A., English and Creative Writing, The University of Arizona, summa cum laude with honors

Admissions

California
U.S. District Court, Central, Eastern & Northern Districts of California
United States Supreme Court

Affiliation & Awards

Professional Activities

Jenn is an At-Large Board Member of the National LGBT Bar Association and a member of the Judicial Appointments Committee. She also serves on the board of The Friends of Levitt Pavilion San Jose in the role of Secretary. Jenn is a former board member of the Santa Clara County Employer Advisory Council (EAC).

Jenn is also an active member of the Santa Clara County Bar Association. She served as co-chair to the Judiciary Committee from 2019-2020. Jenn previously chaired the Diversity Committee in 2012 and served from 2010-2019 in addition to co-chairing the LGBT Committee from 2009-2010.

She has also served on the Executive Committee, Board of Trustees, Finance Committee, Law-Related Education Committee, Civil Practice Committee, and the Employment Law Section.

Jenn is a member of the Asian Pacific American Bar Association of Silicon Valley.

She participated for four years in the Future Vision mentoring program at Lincoln High School in San Jose and coached the Mountain View High School mock trial team.

Jenn is a member of the Society for Human Resource Management (SHRM).

Awards

In 2018, Jenn was honored by the National LGBT Bar Association as one of the Best LGBT Attorneys Under 40. She was also recognized for her commitment to advancing inclusion and diversity in the legal profession by the Santa Clara County Bar Association with the 2018 Diversity Award. Jenn was honored by the Santa Clara County Bar Association’s Diversity Committee as one of the recipients of the Unsung Heroes Award in 2013. She was also selected as the Santa Clara County Bar Association’s 2011 Barrister of the Year.

Jennifer M. Protas

Rated by Super Lawyers

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Representative Experience

Representative Matters

Reached a successful, early resolution of a threatened class and PAGA wage and hour action resulting in settlement with the former employee for only $10,000.
Defended employers in several class action and/or PAGA claims.
Advised staffing industry clients regarding the affect of California employment laws to their industry, including pay
history, final wages, and harassment prevention trainings
Successfully challenged $6.37 million tax assessment on the issue of whether taxicab drivers were employees or
independent contractors in a seven-day hearing before the California Unemployment Insurance Appeals Board
Successfully opposed petitions for writs of mandate to the Sixth District Court of Appeal and petition for review to
the California Supreme Court
Obtained through mediation favorable results in claims involving discrimination, harassment, retaliation, wrongful
termination, wage and hour violations, PAGA allegations, assault and battery, and various other allegations
Defended businesses in court and before administrative agencies against wage and hour claims for overtime, meal
and rest periods, and penalties
Obtained summary judgment and successfully defended judgment on appeal