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Nikki M. Rivers

(she/her/hers)

Associate

[email protected]

+1.858.314.1897

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Nikki defends employers of all sizes in high-stakes employment litigation and labor matters and counsels clients on employment best practices. She has provided representation in complex cases involving claims of wage and hour violations, harassment, retaliation, discrimination, breach of employment agreements, Family and Medical Leave Act (FMLA) violations, and violations of California employment and labor laws, including the Private Attorneys General Act (PAGA), the California Family Rights Act (CFRA), and the Fair Employment and Housing Act (FEHA). Additionally, Nikki counsels businesses and institutions on voluntary affirmative action efforts and diversity programs, and has worked alongside federal contractors to guide them through their affirmative action responsibilities and requirements.  

Prior to joining Mintz, Nikki was an associate with a full-service law firm in San Diego, where she represented clients in individual and class action lawsuits at the federal, state, and administrative levels. Nikki also counseled clients on day-to-day human resources matters and   drafted employment-related documents, including employee handbooks, transportation liability waivers, executive severance agreements involving exercise of stock options, and arbitration agreements.

Earlier Nikki was an associate in the St. Louis office of a global employment and labor law practice, and practiced in the Chicago and Los Angeles offices of another large law firm, where she handled both commercial and employment litigation matters and maintained an active pro bono practice. After earning her JD, Nikki was an Environmental Attorney Fellow at the Environmental Law and Policy Center in Chicago.

In law school, Nikki was staff editor of the Washington University Law Review. She also spent a semester as an exchange student at Hong Kong University, and served as a judicial internal to the Honorable Mary Ann Medler, then a federal magistrate judge on the US District Court for the Eastern District of Missouri.

She has authored several articles on employment and labor law topics for national publications, including Bender’s Labor and Employment Bulletin. 

viewpoints

Read Mintz’s comprehensive analysis of OSHA’s Emergency Temporary Standard pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or more employees.
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UPDATE: Following its original announcement, the CDC further updated its guidance to apply the 5 day quarantine rule to those who are asymptomatic but now also to those whose symptoms are resolving (without fever for 24 hours). The guidance now also includes a reminder that applicable local laws continue to apply and that the recommendations do not apply to healthcare workers (for whom the CDC has issued separate guidance). The CDC separately updated its definitions of “isolation” and “quarantine” and outlined additional recommendations regarding testing and masking procedures for individuals who test positive and those who are exposed to COVID-19. This post has been updated to reflect these changes.
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California has once again reined in the use of confidentiality provisions in the employment context with its recent enactment of the Silenced No More Act (SB 331), which goes into effect January 1, 2022.

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California employers and executives might view fixed term employment agreements in a new light following a California appellate court’s unpublished decision suggesting employers do not violate California’s long-established policy promoting employee mobility when they enter into these types of agreements.
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As new developments occur with the Delta variant, employers must adapt their return to office (RTO) plans to comply with fluctuating CDC guidance, state and local requirements, and employee expectations.
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Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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California employers are now subject to three new COVID-19 related reporting obligations when there is a COVID-19 positive employee or employees in their workplaces, including: reporting to their (1) workers’ compensation carrier, (2) employees and other workers, and (3) local public health authority. We address each obligation below.
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Imagine that after weeks of working remotely due to COVID-19, you return to your office only to discover a stack of papers on your desk in a folder titled “requests for reimbursement.”  You peer through the contents and find cell phone bills, a receipt for a $750 printer, a bank statement with the account fees highlighted, a clothing store shipping invoice with $49.95 of expedited shipping, a receipt for a 50” television, and a screenshot of mobile payment service request with an electric plug emoji from a username you have never seen before.  Why are these documents on your desk and what do you have to do as an employer?

California Labor Code § 2802 (“Section 2802”) requires employers to reimburse California employees for “all necessary business expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.”   Its purpose is to prevent employers from passing their operating expenses to their employees.  However, Section 2802 only requires reimbursement for “necessary” and “reasonable” costs incurred by the employee as a condition of continued employment.  Previously, many employers allowed remote working as a convenience for their employees.  Because working remotely was not required, many employers could decline “work from home” reimbursements because the employee’s expenses were voluntary (i.e. the employee chose to work remotely).  However, COVID-19 and the resulting shelter-in-place orders have redefined the working landscape, requiring many employees to work remotely to keep businesses afloat. 
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In Part 5 of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace.
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The U.S. Department of Labor (“DOL”) has released its 124-page temporary regulations of the Families First Coronavirus Response Act (“FFCRA”).
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News & Press

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Associate Nikki Rivers spoke on a panel this week at the Association of Corporate Counsel’s annual meeting in Nashville, and some of her insights were quoted by Corporate Counsel in an article about the intersection of hybrid/remote work and the risk of IP theft. The article discusses how employers have increased surveillance of their employees, which could lead to conflict over related legal and ethical considerations. 

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187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

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Associate Nicole Rivers was quoted in a SHRM article providing insights on workplace behavior policies in the context of a recent case where an Alabama nurse lost a racial discrimination and retaliation lawsuit against Crestwood Healthcare.

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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SAN DIEGO – Mintz is pleased to announce that Nicole (Nikki) Rivers has been selected as a finalist in San Diego Business Journal’s (SDBJ) 40 Next Top Business Leaders Under 40 2023.

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BOSTON and SAN DIEGO – Chambers & Partners has named two Mintz attorneys as finalists for its 2023 Chambers USA Awards, which celebrates firms and individuals who are furthering the advancement of diversity and inclusion across the United States (U.S.).

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SAN DIEGO – Mintz is pleased to announce that four attorneys have been named San Diego Super Lawyers and three have been recognized as Rising Stars in the 2023 edition of the annual publication.

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Chair of Mintz’s ESG practice group, Jennifer B. Rubin and Associate Nicole Rivers co-authored an article published by Bloomberg Law about the National Labor Relations Board's McLaren Macomb decision and its proposed limits on non-disparagement and confidentiality. Jen and Nicole explain, "Employers should carefully consider who counts as a ‘supervisor’ when drafting non-disparagement and confidentiality clauses in separation agreements after the NLRB’s McLaren Macomb decision."

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BOSTON-  Mintz is pleased to announce that Associate Rachel Gholston has been selected to participate in the Leadership Council on Legal Diversity’s (LCLD) 2023 Fellows Program, while Associates Jason Burrell and Nicole Rivers have been selected to participate in the LCLD 2023 Pathfinders Program.

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Members Randy JonesAnthony Nash, and Associate Nicole Rivers co-authored an article published by The Daily Journal analyzing discriminatory racial covenants and their presence in California housing deeds.

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Mintz was handed the Innovation in Diversity and Inclusion Award at the California Legal Awards. The firm's nomination was featured in an article published by The Recorder where Member Randy Jones and Associate Nicole Rivers discussed how the firm is working to end systemic racism and police brutality in America.

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Mintz is pleased to announce that it has won the Innovation In Diversity and Inclusion award at the California Law Awards. The award recognizes firms that are making meaningful impact and seeing concrete results in the legal community.

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Events & Speaking

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Nov
22
2024

Bridging the Gap Between Sponsorship and Mentorship

ALFDP Annual Conference

Los Angeles, CA

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May
7
2024
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Jun
15
2023
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Apr
21
2023
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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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Recognition & Awards

  • Featured in Best Lawyers in America Ones to Watch, Labor and Employment Law - Employee; Labor and Employment Law - Management; Litigation - Labor and Employment (2024 - 2025)

  • Recipient, Innovations in Diversity and Inclusion Award (2022), California Law Awards

  • San Diego Business Journal 40 Under 40 Next Top Business Leaders - Winner (2022) 

  • San Diego Super Lawyers: Rising Stars - Business Litigation (2022 – 2024)

  • Super Lawyers: Included on the list of Illinois Rising Stars (2014 – 2017)

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Involvement

  • Member, National Employment Law Council
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Nikki M. Rivers

(she/her/hers)

Associate

San Diego