Jen Cornell

Wage-and-Hour

Defend companies of all sizes on wage-and-hour claims, including meal and rest break, misclassification, and fluctuating work week issues; conduct department or company-wide audits regarding wage-and-hour issues; advise companies on wage-and-hour policies

• Lopez, et al v. YourPeople, Inc, d/b/ Zenefits FTW Insurance Services (FLSA misclassification wage and hour class action). Won motion to arbitrate named-plaintiff’s claims; settled opt-in claims for nuisance value.
• Burch, et al v. Cerner Corporation (MO state law and FLSA misclassification wage and hour class action). Negotiated class settlement.
• Stoute, et al v. Cerner Corporation, et al. (CA state law and FLSA meal and break wage and hour class action). Plaintiff dismissed class claims; settled Plaintiff’s individual claim for nuisance value.
• Crawford, et al v. Cerner Corporation (MO state law and FLSA misclassification wage and hour class action). Won motion to arbitrate named-plaintiff’s claims; settled opt-in claims for nuisance value.
• Represented technology company during audits by California and Arizona offices of the Department of Labor regarding classification of employees.
• Represented technology startup at a California Department of Labor Standards hearing regarding alleged non-payment of overtime wages.

Discrimination Defense

Defend and advise companies facing individual and class discrimination claims in private litigation and in agency charges, including recommendations for business changes after litigation

• Galindo v. Glendale Adventist Medical Center (CA state discrimination and retaliation claims): this case is still in litigation.
• Ramquist v. Target Corporation (MHRA, age discrimination): secured summary judgment.
• Haile v. Host International, Inc. (MHRA, Title VII, race and national origin discrimination, retaliation): secured summary judgment on all claims.
• Shapiro v. Samsung Telecommunications America, LLC et al. (MHRA, sexual orientation discrimination, retaliation): secured favorable settlement for two defendants prior to fact discovery after filing motions to dismiss.
• Thomas v. United Health Group, Inc. (Title VII, race discrimination, retaliation): secured summary judgment on all claims.
• Murdock v. L. A. Fitness International, LLC, et al (Title VII, defamation, sex and race discrimination, retaliation): secured motion to dismiss certain claims. Secured summary judgment on remaining claims.
• Represented companies at local, state, and federal agencies, including the EEOC and the NLRB.
• Represented companies at mediations and settlement conferences.

Tech startups/Emerging Businesses

Assist emerging businesses with employment issues relevant to growth-specific strategies, such as restructuring, advising on job divisions and combinations, preparing job descriptions and policies, and advising during reductions in force

• Drafted initial employee handbooks and specific policies for startups, including paid parental leave policies
• Advised startup technology staffing companies on classification of workers as employees or independent contractors
• Prepared employment and independent contractor agreements for startup using the gig economy model of staffing
• Conducted company-wide wage-and-hour audits for national technology companies
• Conducted recruiting and hiring audit for nationwide technology company to identify litigation risks and recommend changes
• Provided secondment services during periods of staff turnover, leaves, and periods of growth, including in event of departure of General Counsel

Special Investigations

Assist employers, companies, and municipalities with highly sensitive and politically charged investigations

• Conducted investigation into sexual harassment allegations involving campaign for state-wide election
• Member of pre-charge prosecution team, Jeronimo Yanez-Philando Castile Investigation
• Conducted investigation into drug diversion in a residential housing and treatment program
• Conducted investigation into sexual harassment allegations at the director level for national employer
• City of Minneapolis Al Flowers police excessive force investigation

Trials and Administrative Hearings

Represent clients in adversarial litigation proceedings

• Cooper v. Wong (breach of contract): won full defense verdict in four-day jury trial
• Defended residential treatment facility against child endangerment charges at three-day hearing with state department of child welfare

Recognitions and Honors

• 2018 Attorneys of the Year, Minnesota Lawyer (2018)
• Selected to Minnesota Rising Stars (2016)
• National Finalist, White House Fellows Program (2012)
• Mary E. McEvoy Award for Public Engagement and Leadership (2010)
• Presidential Student Leadership and Service Award (2010)
• Dr. Matthew Stark Award for Civil Rights and Civil Liberties (2010)
• Minneapolis Fire Department Honorable Service Award for high rise civilian rescue (2001)
• Worked for the largest urban fire department in Minnesota for fifteen years, holding several progressive ranks including Arson Investigator and Battalion Chief

Publications and Presentations

• “Elements of Privilege: A Communication,” Minnesota CLE, Attorney-Client Privilege: What Every Attorney Needs to Know, August 30, 2018
• Deskbook chapter: “Elements of Privilege: A Communication,” Attorney-Client Privilege Deskbook (2018), Minnesota CLE
• “Anatomy of an I-9 Audit,” Minnesota CLE, 2018 Upper Midwest Employment Law Institute, May 22, 2018
• “Best Practices for Sexual Harassment Investigations in the Wake of #MeToo,” Minnesota CLE, 2018 Upper Midwest Employment Law Institute, May 21, 2018
• Deskbook chapter: “Sexual Harassment Investigations in the Age of #metoo,” Sexual Harassment, 1st Edition (2018), Minnesota CLE
• Quoted, “Will DOL’s self-reporting program paint a target on employers’ back?”, HR Dive, March 2018
• “Enforcement Heating Up on I-9 Compliance,” Corporate Compliance Insights, September 2017
• “Gender Identity in the Workplace: Emerging Employment Law Issues,” Minnesota Lavender Bar Association, 16th Annual Conference, February 2017
• “Evolving Science May Provide Coverage for Transgender Employees Under the ADA,” The Corporate Counselor, April 2016
• “Title VII Perils of Gendered Dress Codes,” Corporate Counsel, 2014
• “Employees Can Decline Qualifying Leave Under the FMLA,” The Corporate Counselor, 2014
• “EEOC Releases New Enforcement Guidance on Pregnancy Discrimination: What Employers Need to Know,” Best Practices in HR, 2014
• The Supreme Court’s DOMA Decision: What It Means for Employer Benefits for Same-Sex Spouses, CLE Presentation, 2013
• Legal Protections for Transgendered Employees, Blog post, 2012
• Infertile Grounds: Feminist Interpretations of Infertility Exclusions and Sex Discrimination, Law & Inequality: A Journal of Theory & Practice, 2010
• Trouble Tactics, Fire Chief Magazine, 2006
• Disciplinary Action, Fire Chief Magazine, 2003