Justin D. Cummins, Cummins & Cummins, LLP

What are the biggest challenges you currently see in employment law?

The increasing disregard for the rule of law by powerful actors impedes accountability for workplace-related violations. In addition, the DOJ, EEOC, NLRB, and DOL are now politicized or marginalized so much that dedicated public employees working in those agencies struggle to advance the agencies’ vital law enforcement missions. The Supreme Court also continues to reverse decades of settled law while the current federal administration turns longstanding doctrine on its head in areas like anti-discrimination law. This volatile legal environment makes it more challenging to evaluate claims and defenses accurately, to pursue strategy and tactics effectively, and to advise clients accordingly.

What are the biggest misconceptions about the field of employment law?

One of the biggest misperceptions among members of the general public is that these types of cases can ordinarily be handled quickly and easily.

Without revealing the names of a client, what is the most interesting case you’ve worked on lately?

I have litigated several pay discrimination cases that arose during the COVID-19 global pandemic. Put simply, the employers involved chose not to pay a class of employees working on the frontlines of the pandemic bonuses or otherwise to increase their pay while giving bonuses or other pay increases to certain employees who often worked in the comfort and safety of their homes.

How do you manage work/life balance?

I have a morning routine through which I do core strength and flexibility exercises tied to my breathing, so it is a mindfulness exercise in a way. Then I hop on a treadmill for a bit before I hop on the metaphorical treadmill for the rest of the day. I also made the choice to live close to my firm’s office in downtown Minneapolis, so my daily commute is literally a walk in the park — which does wonders for feeling more grounded than I would if I were to fight rush-hour traffic on the highway every day.

What’s something most people don’t know about you?

Most people do not know that I support FC Barcelona, both the men’s and women’s teams, and not simply because they consistently play among the best soccer in the world: Més que un club!