Melissa C. Rodriguez
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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We are Morgan Lewis: Melissa Rodriguez
Responding to immediate needs of Puerto Rico residents after Hurricane Maria, Morgan Lewis partner Melissa Rodriguez helped organize everything from care packages of flashlights to a rum tasting fundraiser. Find out why she was moved to do so.
- Insurance Company: Successfully compelled arbitration in a matter alleging sexual orientation discrimination, domestic violence victim discrimination, retaliation, and unlawful termination, convincing the court to bifurcate and stay the non-arbitrable sexual harassment claims (Sup Ct, Nassau Co.)
- Luxury Retailer: Won summary judgment on religious discrimination and retaliation claims (S.D.N.Y.)
- Insurance Company: Achieved decertification of an FLSA collective action and successfully opposed the plaintiffs’ motion to certify classes in Illinois, New York, and Connecticut in a wage and hour action seeking overtime pay for claims adjusters, with the court also granting summary judgment as to the named plaintiff’s FLSA claim (S.D.N.Y.)
- Multinational Bank: Secured a complete dismissal of Section 1981 claims asserted against a multinational financial services firm alleging discrimination in banking, which was affirmed in Second Circuit (S.D.N.Y./2nd Circuit)
- Pharmaceutical Company: Obtained a victory in the First Circuit Court of Appeals on claims for unjust termination and age discrimination under Puerto Rico law; after oral argument, the court affirmed the finding of the District Court that the client was entitled to summary judgment on all claims (D.P.R.)
- Columbia Law School, 2001, J.D.
- Yale University, 1998, B.A., magna cum laude, with honors
- New York
- US Court of Appeals for the First Circuit
- US Court of Appeals for the Second Circuit
- US Court of Appeals for the Fourth Circuit
- US District Court for the Northern District of New York
- US District Court for the Southern District of New York
- US District Court for the Eastern District of New York
- US District Court for the District of Connecticut
- US District Court for the District of Puerto Rico
- US District Court for the Eastern District of Michigan
Next Generation Partner, Labor and employment: Labor and employment disputes (including collective actions): defense, The Legal 500 US (2020–2025)
Recommended, Labor and employment - Labor and employment litigation disputes (including collective actions) - defense, The Legal 500 US (2017)
Recommended, Labor and employment - Workplace and employment counseling, The Legal 500 US (2017)
Recognized, Leading US Corporate Employment Lawyer, Lawdragon 500 (2020–2022)
Transforming Women's Leadership in the Law 2020 Rising Stars Cohort
Member, Practice Group of the Year, Employment, Law360 (2017, 2019)
Recognized, Rising Star, Minority Corporate Counsel Association (MCCA) (2017)
Recipient, 2003 Sanctuary for Families Award for Excellence in Pro Bono Advocacy
Recognized, inMotion Commitment to Justice Award (2009)
Kent Scholar, Columbia University Law School (1999–2000, 2000–2001)
Stone Scholar, Columbia University Law School (1998–1999)