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). This matter is still in litigation.
• Burch, et al v. Cerner Corporation (MO state law and FLSA misclassification wage and hour class action). This matter is still in litigation.
• 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; Plaintiff’s individual claim remains in litigation.
• Scott, et al v. Cerner Corporation (MO state law and FLSA misclassification wage and hour class action). This matter is still in litigation.
• 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

• Ramquist v. Target Corporation (MHRA, age discrimination): secured summary (2016)
• Haile v. Host International, Inc. (MHRA, Title VII, race and national origin discrimination, retaliation): secured summary judgment on all claims. (2014)
• 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. (2014)
• Thomas v. United Health Group, Inc. (Title VII, race discrimination, retaliation): secured summary judgment on all claims. (2014)
• 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. (2013)
• 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

Special Investigations

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

• Member of pre-charge prosecution team, Jeronimo Yanez-Philando Castile Investigation (2016)
• Conducted investigation into drug diversion in a residential housing and treatment program (2016)
• Conducted investigation into sexual harassment allegations at the director level for national employer (2015)
• City of Minneapolis Al Flowers police excessive force investigation (2014)

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 (2016)
• Defended residential treatment facility against child endangerment charges at three-day hearing with state department of child welfare (2015)

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