Jenn Protas helps employers navigate California’s numerous employment laws and defends employers with an eye toward successful, yet cost-effective resolution. 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 also 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 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 (AB 1825) and fair housing trainings at clients’ sites.
- 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
- U.S. District Court, Central, Eastern & Northern Districts of California
- United States Supreme Court
Affiliation & Awards
Jenn is an At-Large Board Member of the National LGBT Bar Association and chair of the Membership Committee. She 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, currently serving as a member of the Diversity Committee. Jenn previously chaired the Diversity Committee in 2012 and co-chaired the LGBT Committee from 2009-2010. She has also served on the Executive Committee, Board of Trustees, Finance Committee, Judiciary Committee, Law-Related Education Committee, Civil Practice Committee, and the Employment Law Section.
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 Northern California Human Resources Association (NCHRA) and Society for Human Resource Management (SHRM).
In 2018, Jenn was honored by the National LGBT Bar Association as one of the Best LGBT Attorneys Under 40. 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. Jenn was also selected as the Santa Clara County Bar Association’s 2011 Barrister of the Year. Jenn was named a Northern California “Rising Star” by her peers and through the independent research of Law & Politics and San Francisco Magazine in 2016 and 2017 and named a Northern California “Super Lawyer” in 2018.
- 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
Speaking & Publications
Representative Speaking Engagements & Publications
- Co-Presenter, Employment Law Seminar: Successfully Employing and Managing a Mobile Workforce, September 11 & 12, 2018
- Co-Presenter, Employment Law Seminar: Small Mistakes, Major Consequences…Let’s Hit Rewind, May 31 & June 1, 2018
- Co-Author, California Adopts New Test for Determining Independent Contractor Classifications, May 8, 2018
- Quoted, Get Ready for 2018: California Trends Put HR in the Spotlight, January 10, 2018
- Co-Author, What California Hiring Managers Need to Know About California’s New Compensation History Law, January, 2018
- Co-Presenter, 2018 Annual Employment Law Update: The Year in Review and Preview, January 17, 18, 24, 2018
- Co-Presenter, Social Media, Marijuana, and Privacy: How Your Employees’ Off-Duty Conduct Can Affect Your Business, September 27, 28, 2017
- Author, California Supreme Court Clarifies “Day of Rest” Rules, May 16, 2017
- Co-Presenter, Setting Employees Up To Succeed…and (Safely) Breaking Up With Those Who Don’t, April 26, 27, 2017
- Presenter, The Year in Review and Preview – 2017 Employment Law Update, March 8, 2017
- Co-Presenter, Finally, A Wage & Hour Seminar…It’s About Time, February 28, 2017
- Co-Presenter, The Year in Review and Preview – 2017 Employment Law Update, January 10, 17, 19, 2017
- Co-Presenter, Successfully Closing the Deal: Navigating the Employment Issues in M&A Deals, October 27, 2016
- Co-Presenter, Advanced Leaves of Absence, October 11, 2016
- Co-Presenter, Finally, A Wage & Hour Seminar…It’s About Time, September 27-28, 2016
- Presenter, Diversity in the Workplace and Elimination of Bias, July 8, 2016
- Co-Presenter, Leaves of Absence: Understanding the Complexities of CA and Federal Leave Laws, May 17, 2016
- Co-Presenter, Fair Housing, February 2016
- Co-Presenter, Do We Live in a Post-Bias World?, January 22, 2016
- Co-Presenter, The Year in Review and Preview – 2016 Employment Law Update, January 12-13, 26, 2016
- Co-Presenter, Employers: what are the top 5 employment law updates for 2015?, April 23, 2015
- Presenter, Advanced Leaves of Absence: the Interaction between FMLA, CFRA, the ADA and Other Important Laws, November 17 and 19, 2015
- Co-Presenter, The Internet Was Yesterday: Where is your Business Today and Where is it Going Tomorrow?, October 27 and 29, 2015
- Co-Presenter, The Year in Review and Preview – 2015 Annual Employment Law Update, January 28-29, 2015
- Co-Presenter, 2014 Annual Employment Law Update, January 22-23, 2014
- Author, Update on California’s New Paid Sick Leave Law, August 18, 2015
- Author, Employment Law Update: California’s New Paid Sick Leave Law, July 10, 2015
- Author, Employer Alert: Changes in Hiring and Compensating Employees, June, 27, 2014
- Author, “Divesting from ‘The Apartheid of the Closet’: Toward an Enriched Legal Discourse of Sexual and Gender Identity” (2007) 38 McGeorge L.Rev. 571