Melissa C. Rodriguez

Partner

Melissa C. Rodriguez is a high-stakes employment litigator who represents employers in significant employment disputes, leads workplace investigations, and advises on sensitive counseling matters. Her litigation practice is evenly split between single-plaintiff employment cases and complex wage and hour class and collective actions in US federal and state courts, including jury trials. She is one of the leaders of the firm’s interdisciplinary retail industry team and a member of the firm’s interdisciplinary insurance industry team and Engagement Committee.

Melissa regularly defends employers in discrimination, harassment and retaliation cases, as well as wage and hour matters across US federal and state courts, arbitration, and administrative proceedings. She has particular experience advising and defending insurance industry clients on independent contractor and worker classification issues, including agent classification litigation and related compliance counseling. Her experience also includes representing employers in arbitrations before the American Arbitration Association, the Financial Industry Regulatory Authority (FINRA), and JAMS, as well as in investigations and hearings conducted by the US Department of Labor, the US Equal Employment Opportunity Commission (EEOC), and state and local agencies.

In addition to defending wage and hour class and collective actions, Melissa advises employers on compliance under the Fair Labor Standards Act and applicable state laws. She conducts comprehensive internal audits addressing employee and independent contractor classification, exempt and non-exempt status, and pay practices, and represents clients in federal and state Department of Labor audits, negotiating favorable resolutions.

Clients also turn to Melissa for high-stakes internal investigations involving harassment, discrimination, and compliance issues. She also conducts complex, cross-border matters, including employment and non-employment-related compliance investigations for employers throughout Latin America. She also counsels employers on harassment claims, employee discipline, and termination decisions, and conducts harassment prevention and diversity training.

Melissa routinely advises employers with operations in Puerto Rico and represents employers in federal litigation and administrative proceedings there.

Melissa has served as a faculty member at the Fordham Law School Summer Institute, where she taught an Employment Law course, and is frequently invited to speak for professional organizations, including the American Arbitration Association (AAA), Practising Law Institute (PLI), and the Hispanic National Bar Association (HNBA), on topics such as arbitration, ethics in settlements, and sexual harassment. While in law school, Melissa externed for Judge Sonia Sotomayor of the US Court of Appeals for the Second Circuit.

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