Melissa J. Osipoff
Melissa Osipoff is a partner in the firm's New York office. She represents employers in all aspects of employment-related litigation before federal and state courts and administrative agencies. Her practice focuses on representing employers in single and multi-plaintiff cases under the anti-discrimination laws, as well as defending employers in wage and hour litigation arising under the Fair Labor Standards Act (FLSA) and various state laws. Melissa also represents employers on matters involving wrongful termination, whistleblower claims, employment contracts, restrictive covenants and trade secrets. She also advises and counsels clients on a wide variety of employment law matters.
Prior to joining Fisher Phillips, Melissa was an associate at Ogletree Deakins in New York City. Before that she served as an associate in the litigation department at Cahill Gordon & Reindel LLP. She received her J.D., magna cum laude, in 2006 from St. John's University School of Law, where she served as a member of the St. John's Law Review. Additionally, she graduated with distinction from University of Virginia, where she received a B.A. in Sociology.
- On behalf of a technology staffing company, obtained a TRO restraining two employees from establishing a competitive business. The TRO protected the confidential and trade secret information of the Company.
- Represented one of the world’s largest hotel companies in an action brought against several former employees and a major competitor for trade secret misappropriation and violation of the Computer Fraud and Abuse Act (CFAA), successfully obtaining preliminary and permanent injunctions and the appointment of federal monitors.
- Represented and obtained a favorable settlement on behalf of a secured transportation company for alleged violations of the Fair Labor Standards Act (FLSA) and New York Labor Law.
- Achieved dismissal of FLSA claims against staffing company and law firm in case involving alleged misclassification.
- Represented and obtained a favorable settlement on behalf of a large insurance company in an action involving claims sexual harassment, disability discrimination and racial discrimination.
- Represented international hotel development company and members of its board of directors in breach of contract claim by former CEO, and obtained dismissal of action as against individual board members.
- Represented and obtained a favorable settlement on behalf of a well-known coffee retailer in an action involving claims of disability discrimination and violations of the Family and Medical Leave Act (FMLA).
- Defended and obtained dismissal of Workers’ Compensation retaliation claim against well-known coffee retailer.
- Represented and obtained favorable settlement for bank in case involving allegations of disability discrimination.
- Obtained a dismissal in a wrongful termination suit involving whistleblower claims on behalf of a financial services corporation.
- Prepared numerous position statements in response to New York State Division of Human Rights (NYSDHR) complaints resulting in dismissal and case closures.
- Prepared and/or revised employee handbooks and/or policies for both small and multi-state employers.
- Prepared and/or revised employment agreements, separation agreements and restrictive covenant agreements.
- Advised clients on a variety of issues including terminations, medical leaves and compliance with various state and federal employment laws.
- Advised clients on enforceability of non-compete agreements.
Honors & Leadership
Honors & Awards
- Listed as a New York Super Lawyers - Rising Star (2015-2018)
- Recipient of the Legal Aid Society's Pro Bono Publico Award (October 2008)
- Member, American Bar Association
- Staff Member, St. John's Law Review
- Fisher Phillips Attorney Speaks with The Washington Post on the #MeToo Movement’s Impact on Employee Contracts10.31.18
- Melissa Osipoff Interviewed on Sexual Harassment in the #MeToo Era10.17.18
- Labor and Employment attorneys represent 11 offices1.2.18
- Labor & Employment Law Firm Launches New Office With Four Attorneys; Fifth Attorney Joins Firm’s New Jersey Office7.18.16
Seminars & Speaking Engagements
- WebinarMultiple Dates
- Speaker, New York Paid Family Leave Law with the NCBA Women in the Law Committee, Nassau County Bar Association (2017)
- "Second Circuit Dismisses EEOC’s Equal Pay Suit for Port Authority Attorneys," New York eAuthority
- "New York Court of Appeals Emphasizes Need for Interactive Process When Accommodating Employees’ Disabilities," New York eAuthority
- "Second Circuit Holds That New York City Commission on Human Rights’ Procedures Satisfy Constitutional Due Process," New York eAuthority
- Pay Equity Matters: Mind the Gap4.23.18
- Pay Equity Matters: Mind the Gap4.16.18
- Pay Equity Matters: Mind the Gap4.16.18
- Pay Equity Matters: Mind the Gap12.17.17
- Pay Equity Matters: Mind the Gap10.9.17
- Gig Employer Blog10.31.16
- Retail and Fast Food Employers Soon Subject To “Fair Workweek” Laws6.1.17
- St. John's University School of LawJ.D. 2006, magna cum laude
- University of VirginiaB.A. 2002, with distinction
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York