Justin D. Cummins
Top rated Employment Litigation attorney in Minneapolis, Minnesota
Cummins & Cummins, LLP
Practice areas: Employment Litigation, Civil Rights, Employment & Labor; view more
Licensed in Minnesota since: 1997
Education: University of Minnesota Law School
Languages spoken: English, Spanish
Selected to Super Lawyers: 2010 - 2026 
Selected to Rising Stars: 2002, 2006 - 2009 
Free Consultation Cummins & Cummins, LLP
920 Second Avenue SouthSuite 1245
Minneapolis, MN 55402 Phone: 612-465-0108 Email: Justin D. Cummins Visit website
Details 
I represent clients in a wide variety of labor & employment law, civil rights, and nonprofit law matters in Minnesota and across the Midwest. My work includes litigating client cases involving:
* Contract claims
* Whistleblower or other retaliation claims
* Pay claims
* Harassment claims
* False Claims Act or other fraud claims
* Leave claims
* Non-compete claims
* Fiduciary duty claims
* Mass layoff claims
* Unfair business practice claims
* Discrimination claims
* Benefits claims
* Constitutional claims
In addition to providing responsive, principled, and effective representation to clients regarding their claims, I develop the law in the public interest as amicus curiae counsel in high-profile cases.
Practice areas
Employment Litigation: Plaintiff, Civil Rights, Employment & Labor: Employee, Nonprofit OrganizationsFirst Admitted: 1997, Minnesota
Professional Webpage: https://www.cummins-law.com/attorneys/justin-d-cummins
Bar / Professional Activity
- Past Eighth Circuit Board Officer, National Employment Lawyers Association
- Advisory Board Member (Minneapolis-St. Paul Chapter) - American Constitution Society for Law and Policy
- Past Chair, Minnesota State Bar Association Labor & Employment Law Section
- Speaker, Annual Employment Law Institute
- Planning Committee Member and Speaker, Annual Labor & Employment Law Institute
- Amicus Committee Member, Minnesota Association for Justice
Verdicts / Settlements (Case Results)
- Obtained over $15 million in judgments, awards, and other recoveries on behalf of clients to date.
Special Licenses / Certifications
- MSBA Board Certified Labor & Employment Law Specialist
Pro bono / Community Service
- Advisory Board Member and Past Governing Board Chair, Aeon
Educational Background
- M.A. in Public Policy, Hubert H. Humphrey School of Public Affairs, Minneapolis, Minnesota
- Undergraduate school semester abroad, University College London, London, England
- J.D., University of Minnesota Law School, Minneapolis, Minnesota
- B.A. in History, Haverford College, Philadelphia, Pennsylvania
- Law school semester abroad, Universidad de Palermo, Buenos Aires, Argentina
Scholarly Lectures / Writings
- Anti-Discrimination, Anti-Retaliation, And Anti-Harassment Provisions Under Disability Law, in The ADA Handbook: Practices Under Title I of the Americans with Disabilities Act, 2nd Edition (Carl C. Lehmann, et al., eds. 2020)
- Judicial Control And Sanctions, in Federal District of Minnesota Civil Practice Deskbook, 2nd Edition (David R. Crosby & Mary E. Schwind, eds. 2017)
- "Toward Systemic Equality: Reinvigorating A Progressive Application Of The Disparate Impact Doctrine," 43 Mitchell Hamline L. Rev. 102 (2017)
- "The Law Regarding Employer And Employee Identity As A Roadmap For More Effective Prosecution Of Work-Related Claims," The Prairie Barrister (Spring 2016)
- "Dispositive Motions In Civil Rights Cases: Supreme Court Addresses Overuse," Hennepin Lawyer (May/June 2015)
- "The National Labor Relations Act," in The Employment Law 60: The 60 Cases Every Employment Lawyer Must Know Inside And Out (2014)
- Judicial Control And Sanctions, in Federal District of Minnesota Civil Practice Deskbook (David R. Crosby and Mary E. Schwind, eds. 2014)
- Anti-Discrimination, Anti-Retaliation, And Anti-Harassment Provisions Under Disability Law, in The ADA Handbook: Employment Practices Under Title I of the Americans with Disabilities Act (Carl C. Lehmann, et al., eds. 2013)
- "Overcoming Obstacles To Prosecuting Employment Discrimination Claims In The Twenty-First Century," in Inside The Minds: Representing Employees In Discrimination Cases (2012)
- "The Promise of the Minnesota Human Rights Act Denied: Kreuger v. Zeman Construction Company." 4 Wm. Mitchell J. L. & P. 4 (2011) (with Leslie Lienemann)
- “The Law Against Harassment" and "The Law Against Retaliation," in Employment Law Handbook, 5th Edition (Judith K. Schermer, ed. 2008)
- “ERISA Reform in a Post-Enron World," 39 J. Marshall L. Rev. 563 (2006) (with Meg Luger-Nikolai) (featured in a symposium on jurisprudential and legislative developoments regarding the Employee Retirement Income Security Act)
- “Invigorating Labor: A Human Rights Approach in the United States," 19 Emory Int'l L. Rev. 1 (2005) (featured in a symposium hosted by The Carter Center and The World Law Institute)
- "Taking the Fork in the Road," 29 Wm. Mitchell L. Rev. (with Brendan D. Cummins) (2003)
- “Housing Matters: Why Our Communities Must Have Affordable Housing,” 28 Wm. Mitchell L. Rev. 197 (2001) (featured in the symposium entitled Public Interest Law: Improving Access to Justice)
- “Refashioning the Disparate Treatment and Disparate Impact Doctrines in Theory and in Practice,” 41 Howard L.J. 455 (1998) (reprinted in The Employee Advocate (Spring 1999))
- “La mediación del conflicto constitucional entre la libertad y la igualdad: lo que tenemos que hacer acerca de la expresión de odio,” 3 Rev. Jur. Palermo 149 (1998)
- “Recasting Fair Share: Toward Effective Housing Law and Principled Social Policy,” 14 Law & Ineq. 339 (1996)
- "Employment Law Report," Minnesota Trial (published quarterly)
- Adjunct Associate Professor of Civil Rights Law and Labor Law, University of Minnesota Law School
- Adjunct Associate Professor of Civil Rights Law, William Mitchell College of Law
Other Outstanding Achievements
- Prepared and submitted successful amicus curiae briefs in landmark cases decided by both Federal and State appellate courts. See, e.g., Greene v. Minnesota Bureau of Mediation Services, 948 N.W.2d 675 (Minn. 2020) (ruling that neither the Minnesota Public Employment Labor Relations Act nor the Minnesota Government Data Practices Act enables parties seeking decertification of a labor organization to obtain the contact information of bargaining-unit employees because such data about public employees is private); Minnesota Chamber of Commerce v. City of Minneapolis, 944 N.W.2d 441 (Minn. 2020) (affirming that Minneapolis has the authority to adopt and enforce an ordinance that requires all employers, even when they have no physical presence within the city’s boundaries, to provide paid sick leave to employees working in the city); Kenneh v. Homeward Bound, Inc., 944 N.W.2d 222 (Minn. 2020) (reversing summary judgment for the employer and ruling that harassment claims must be analyzed under a liberal standard – which considers the totality of the circumstances in each case and “must evolve to reflect changes in societal attitudes towards what is acceptable behavior” – and, moreover, that harassment claims ordinarily must be decided via trial rather than summary judgment); Friedlander v. Edwards Lifesciences, LLC, 900 N.W.2d 162 (Minn. 2017) (confirming that protected activity under State whistleblower law need not be for the purpose of exposing an illegality and, moreover, that a good-faith whistleblower report means a report that is not false or recklessly disregarding the truth); Sanchez v. Dahlke Trailer Sales, Inc., 897 N.W.2d 267 (Minn. 2017) (holding that undocumented employees can successfully prosecute workers' compensation retaliation claims despite admitting that they do not have authorization to work in the United States); Ford v. Minneapolis Public Schools, 874 N.W.2d 231 (Minn. 2016) (affirming that the limitations period for whistleblower claims under State law is 6 years); LaMont v. Independent School Dist. No. 728, 814 N.W.2d 14 (Minn. 2012) (establishing that harassment need not be overtly sexual, racial, and so forth in order to create a hostile environment); Goodman v. Best Buy, Inc., 777 N.W.2d 755 (Minn. 2010) (in a case of first impression, ruling that the tolling provision of the limitations period applicable to civil rights claims will be construed liberally); Rivera v. NIBCO, Inc., 364 F.3d 1057 (2004), cert. denied 544 U.S. 905 (2004) (prohibiting discovery into the immigration status of plaintiffs pursuing claims of national origin discrimination).
- Expanded the reach and protections under employment and civil rights statutes. See, e.g., Sandoval v. Am. Bldg. Maint. Indus., Inc., 578 F.3d 787, rhrg. and rhrg. en banc denied 578 F.3d 787 (8th Cir. 2009) (rejecting a narrow definition of employer for liability purposes and, moreover, ruling that other-acts evidence – of which plaintiffs are unaware – is “highly relevant” to whether the workplace is hostile for harassment analysis and whether the employer knew or should have known about the harassment alleged by plaintiffs); SternJohn v. Kreisler, 238 F.Supp.2d 1104 (D. Minn. 2005) (articulating a liberal standard for applying the statute of limitations in housing discrimination cases and denying summary judgment on the merits); Ordahl v. Forward Tech. Indus., Inc., 301 F.Supp.2d 1022 (D. Minn. 2004) (ruling that evidentiary standard under State law is lower than Federal law and denying summary judgment for the employer in a disability discrimination case).
- Further developed labor law doctrine established by the United States Supreme Court. See, e.g., Bierman v. Dayton, 900 F.3d 570, rhrg. and rhrg. en banc denied 900 F.3d 570 (8th Cir. 2018), cert. denied 139 S.Ct. 2043 (2019) (upholding the constitutionality of exclusive representation by labor unions under the Minnesota Public Employment Labor Relations Act); Gerhardson v. Gopher News Co., 698 F.3d 1052 (8th Cir. 2012) (applying Garmon preemption broadly and dismissing the employer’s State-law fraud claims); Trustees of the Twin Cities Bricklayers Fringe Benefits Funds v. Superior Waterproofing, Inc., 450 F.3d 324, rhrg. and rhrg. en banc denied 450 F.3d 324 (8th Cir. 2006) (expanding the application of Section 301 preemption to State law claims); Int'l Ass'n of Sheet Metal, Air, Rail, and Transport. Local Union No. 10 v. A-1 Refrigeration of Hibbing, Inc., 447 F.Supp.3d 844 (D. Minn. 2020) (ruling after trial in the case that the arbitration award against the employer must be enforced – even though the employer never signed the contract underlying the arbitration award – because the employer was bound by the contract through the employer’s conduct consistent with the contract); Fiend, Inc. v. International Alliance of Theatrical Stage Employees, 827 F.Supp.2d 1030 (D. Minn. 2011) (ruling that a request for an injunction to stay arbitration is a "labor dispute" for purposes of the Norris-LaGuardia Act and that the employer did not satisfy the Act's stringent requirements).
Honors
- Top 100, Super Lawyers Magazine, 2023
- Top 100 Attorneys, Super Lawyers Magazine, 2025
- Best Lawyers in America, U.S. News & World Report, 2022
- Fellow, College of Labor and Employment Lawyers, 2021
- Lifetime Achievement, America's Top 100 Attorneys, 2018
- Top Attorney of North America Award, Who's Who - Top Professionals, 2016
- Karla R. Wahl Dedicated Advocacy Award, National Employment Lawyers Association - Minnesota Chapter, 2013
- Leadership Award, Minnesota State Bar Association, Labor & Employment Law Section, 2009
- Building Community Award, Aeon, 2007
- Attorney of the Year Award, Minnesota Lawyer, 2004
Industry Groups
- AFL-CIO Union Lawyers Alliance
- American Association For Justice
- American Constitution Society For Law And Policy
- National Employment Lawyers Association
Office location for Justin D. Cummins
920 Second Avenue South
Suite 1245
Minneapolis, MN 55402
Selections
17 Years Super Lawyers
5 Years Rising Stars
- Super Lawyers: 2010 - 2026
- Rising Stars: 2002, 2006 - 2009
Top Lists
Top 100: Minnesota Super Lawyers: 2023 - 2026Certificates and credentials
MSBA Board Certified Specialists
Labor and Employment
Labor and Employment
