Overview

Michelle Rapoport concentrates her practice on employment litigation, including discrimination and harassment, wrongful termination, and wage and hour individual and class action claims. She is an experienced litigator who represents companies in a variety of industries, including manufacturing, hospitality, health care, and advertising.

In addition, Michelle counsels employers on a variety of issues, including employee terminations and the drafting of employment and separation agreements, employee handbooks and general employment policies and procedures.

Recently Michelle has:

  • Defeated class certification in a state wide class action involving thousands of employees in the financial industry, including claims of “off the clock” overtime and failure to pay overtime at the correct rate; unlawful deductions; failure to reimburse for business expenses; meal and rest break violations; and failure to provide wages due at termination.
  • Defeated class certification on behalf of a Fortune 500 company in a state wide class action alleging “off the clock” overtime and failure to show hours worked or pay rate on paystubs.
  • Obtained summary judgment in a case alleging disability discrimination, harassment, wrongful termination in violation of public policy, and defamation on behalf of a company that organizes student tours.
  • Successfully utilized federal enclave and federal contractor defenses to secure a minimal settlement in a class action involving claims of failure to pay for overtime, failure to provide meal and rest breaks, and failure to pay wages due at termination on behalf of a logistics company.
  • Successfully represented an engineering firm in a dispute alleging discrimination on the basis of sexual orientation, retaliation, harassment, intentional infliction of emotional distress, wrongful termination in violation of public policy and breach of contract.
  • Obtained summary adjudication of wage and hour claims alleging failure to reimburse for business expenses and failure to provide accurate wage statements for a company in the financial industry. 
  • Obtained a defense verdict in a jury trial alleging sex and disability discrimination and harassment for a national medical supply company.
  • Successfully defended a private membership club against class action alleging failure to provide meal and rest breaks, unlawful rounding, and failure to pay earned bonuses.  

During law school, Michelle served as chief executive editor of the San Diego International Law Journal. She served as a judicial extern for Justice Patricia Benke on the California Court of Appeal, Fourth District, Division One.

Recognition

Named, Rising Star

Southern California

Law & Politics

2012-2015

Recipient

CALI Excellence for the Future Award for Evidence

News, Analysis & Press

Court Enforces Arbitration Agreement with Class Action Waiver

California Employment Law Letter

June 25, 2012

California Supreme Court Breathes New Life Into Administrative Exemption

California Employment Law Letter

January 23, 2012

An Employee By Any Other Name...

California Employment Law Letter

June 27, 2011

EEOC Cracks Down on California Employers

California Employment Law Letter

October 25, 2010

Court Rejects HIV Positive Employee's Disability Claim

California Employment Law Letter

May 25, 2009

To Plea or Not to Plea?

California Employment Law Newsletter

March 23, 2009

Harassment, Discrimination Claims Against WaMu Allowed to Proceed

California Employment Law Letter

December 22, 2008

Speaking Engagements

Southern California Legal Update - Westlake Village

Los Angeles, CA

November 16, 2017

Southern California Breakfast Briefing - Westlake Village

February 22, 2017

New Employment and Labor Laws for 2016 - Thousand Oaks

Los Angeles, CA

January 28, 2016

Education

  • J.D., University of San Diego School of Law, 2006
  • B.A., University of California, Berkeley, 1998

Bar Admission

California

Courts

  • U.S. District Court, Northern District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Southern District of California