David Tracey

David Tracey
David Tracey
Senior Litigation Counsel

(646) 402-5667

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David Tracey is a Financial Services Litigation Practice Group Co-Chair and a Senior Litigation Counsel in the New York office who works primarily on discrimination and wage and hour cases. He received his law degree from NYU Law School in 2013.

I am so grateful to have had David Sanford, David Tracey, Kate MacMullin and Alex Johnson fight for me. They never once wavered in believing in my case and helped me not only settlement wise, but also in sending the long-coming message to my firm that their mistreatment of women was no longer tolerated, nor will we stay quiet any longer. The team clearly demonstrated their expertise in employment discrimination law throughout my case. I felt that they always had my best interests at hand. They were very professional but also very good, patient listeners. And just overall good, genuine people. I used to blame myself for what happened, but now I have clarity and closure about the reality of the situation and can confidently move forward with my life and my future endeavors. A Former Client

David Sanford, David Tracey, Kate MacMullin and Alex Johnson provided me with endless support and careful guidance through one of the most challenging chapters of my career. After experiencing discrimination in the workplace, I felt helpless and afraid. The team at Sanford Heisler Sharp spoke with me for months to develop trust and share the information I needed to make a decision regarding legal representation. During this time, I never felt pressured to rush to an answer as my own interests and goals were always put first by the team.

Sanford Heisler Sharp gave me the courage to stand up for myself, and I feel extremely fortunate to have been represented by such sincere, talented and hardworking individuals. Thanks to the team, I have moved on to the next phase of my career with renewed confidence, inspiration and passion. I highly recommend Sanford Heisler Sharp to anyone navigating a similarly difficult situation. I'm so glad I went forward with the support of this group! A Former Client

David Tracey is a Senior Litigation Counsel in the New York office of Sanford Heisler Sharp, LLP, a national law firm with offices in the District of Columbia, New York, California, Tennessee, and Maryland, and a Co-Chair of the firm’s Financial Services Litigation Practice. He received his J.D. magna cum laude from New York University School of Law, where he was awarded membership in the Order of the Coif. He received his B.A. magna cum laude from Yale University.

Mr. Tracey represents employees in individual and class actions involving discrimination, wage and hour violations, employee benefits, and civil rights.

Mr. Tracey has represented numerous clients with discrimination claims in federal and state courts and administrative agencies. He served as counsel in Barrett, et al., v. Forest Laboratories, Inc., et al., a class action gender discrimination lawsuit.  He also currently serves as counsel to Yale undergraduates who are challenging the all-male admission practices of Yale’s fraternities and the allegedly hostile environment associated with Greek life.

Among his cases protecting workers’ rights, Mr. Tracey is currently counsel in Julian et al., v. Metropolitan Life Insurance Company, representing insurance claim specialists in their claims for unpaid overtime compensation. He also represents current and former employees in class action litigation against Morgan Stanley and Home Depot for allegedly mismanaging their 401(k) plans.

Mr. Tracey also frequently negotiates severance packages and settlement agreements for employees with claims of discrimination and retaliation. He has represented clients who work in a wide range of positions across a variety of industries, including finance, academia, advertising, and insurance.

Prior to joining Sanford Heisler Sharp, LLP, Mr. Tracey clerked for the Honorable Garland E. Burrell Jr., Senior Judge for the United States District Court, Eastern District of California.

While a law student, Mr. Tracey represented tenants of the New York City Housing Authority in eviction proceedings. He also successfully petitioned for the release of an incarcerated individual who was serving a life sentence under California’s former “three strikes” law.

Prior to his career in law, Mr. Tracey was a community organizer at the Harlem Children’s Zone, Inc. As an organizer, he worked with community members on projects concerning tenants’ rights, environmental health, and gun control.

Education

  • J.D., New York University School of Law, 2013 magna cum laude
  • B.A., Yale University, 2008 magna cum laude

Clinics

  • New York University Racial Justice Clinic

Clerkship

  • Honorable Garland E. Burrell Jr., Senior Judge for the United States District Court, Eastern District of California

Bar Admissions

  • New York
  • New Jersey

Court Admissions

  • Southern District of New York
  • Eastern District of New York
  • District of New Jersey

Allstate ERISA Investigation

Sanford Heisler Sharp LLP is currently evaluating whether Allstate mismanaged its 401(k) plan.

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Takeda Pharmaceutical ERISA Investigation

Sanford Heisler Sharp LLP is currently evaluating whether Takeda Pharmaceutical, a global biopharmaceutical company, mismanaged its 401(k) plan.

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Starion Energy Consumer Fraud Class Action

Sanford Heisler Sharp filed a $50 million nationwide class action complaint alleging that Connecticut-based Starion Energy perpetrates an illegal bait-and-switch scheme that has deceived and defrauded thousands of energy consumers out of millions of dollars. The suit is filed the U.S. District Court for the Southern District of New York.

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Linear Technology ERISA Investigation

Sanford Heisler Sharp LLP is evaluating whether workers at Linear Technology were victims of mismanagement by the company of their 401(k) plan.

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MetLife Overtime Pay Violation Class Action

The lawsuit seeks unpaid overtime wages for Claim Specialists who worked on long term disability insurance claims (“LTD Claim Specialists”) for MetLife and two of its subsidiaries, Metropolitan Life Insurance Company and MetLife Insurance Company USA.

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Yale University Gender Discrimination Class Action

According to the complaint, the three student plaintiffs were groped at fraternity parties in their first semesters at Yale. The student plaintiffs know of other female students who experienced similar sexual harassment and assault during and after fraternity parties and at the hands of fraternity brothers.

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Transamerica ERISA Class Action

The complaint alleges the company invests employees’ retirement savings in multiple funds that consistently underperform their investment benchmarks and other similar collective investment funds.

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Home Depot ERISA Class Action

According to the complaint, Home Depot has selected multiple poorly-performing funds for its 401(k) plan, allowed investment advisers to charge its employees unreasonable fees, and turned a blind eye to a kickback scheme between an investment adviser and the plan’s recordkeeper.

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General Electric ERISA Class Action

The Complaint asserts that GE and the Plan violated the Federal Employee Retirement Security Act (ERISA) by breaching their fiduciary duties and engaging in prohibited transactions and unlawful self-dealing detrimental to the three named plaintiffs individually and as representatives of a class.

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Ian Jack Miller v. Zara USA, Inc. et al.

In 2015, Sanford Heisler Sharp, LLP filed a $40 million lawsuit against Zara USA, Inc., the flagship brand for the largest fashion retailer in the world, Inditex Group. The lawsuit alleges that Zara discriminated against and then fired its in-house counsel, Ian Jack Miller, because he is Jewish, American, and gay. The case seeks damages for creating a hostile work environment, pay discrimination, and unlawful and retaliatory termination based on Mr. Miller’s nationality, religion, and sexual orientation.

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Understanding 401(K) Documents: The Annual Fee Disclosure

401(k) documents are notoriously mystifying—and notoriously ignored. “I must say,” admitted Justice Ruth Bader Ginsburg at recent oral argument of the United States Supreme Court, “I don’t read all the mailings that I get about my investments.” For about 72 million American workers, 401(k)s are “nest eggs.” Employees expect their 401(k) investments, along with social […]

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Are Salaried “White Collar” Workers Who Make Below $684 Per Week Entitled to Overtime?

The federal overtime law, called the Fair Labor Standards Act, exempts employers from paying overtime wages to workers who are classified as “executive,” “administrative” or “professional” employees.  These exemptions are colloquially called “white collar” exemptions. State overtime laws often have similar “white collar” exemptions. Applying these exemptions is far more nuanced than their moniker suggests. […]

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Sexual Harassment is a Form of Illegal Housing Discrimination

The Federal Fair Housing Act, along with many state and local laws, prohibits gender discrimination in housing, including sexual harassment. It is illegal for landlords, property managers, real estate agents, and maintenance staff to demand sexual favors in exchange for access to housing or repairs. They also cannot create a hostile environment for tenants based […]

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Antidiscrimination Laws Can Help Combat Racial and Ethnic Discrimination in Medicine

A few months ago, I blogged about the considerable evidence of gender discrimination and sexual harassment in the medical profession. Here, I turn to the persistent racial and ethnic disparities among physicians. Like gender disparities, racial and ethnic disparities in medicine manifest in multiple forms—in pay, promotions, and harassment from colleagues and patients. A growing […]

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Evidence-Based: Sexual Harassment and Gender Discrimination in Medicine Are Well-Established; It’s Time to Use the Law to Cure the Profession

When will #MeToo come to medicine? While high-profile cases of sexual misconduct have rocked individual medical institutions—Yale in 2014 and 2015; USC in 2017; and Michigan State this year—the profession has escaped the level of public scrutiny sweeping entertainment, media, academia, and politics. And it’s not for lack of evidence. A study appearing in the […]

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Signed Severance Agreement, Can I Sue For Age Discrimination?

So, you signed a severance agreement. The agreement says that you waived claims under a lengthy list of laws that you’ve never really heard of. In exchange, your former company gave you a few weeks’ salary. But you think you were the victim of discrimination, and you want to sue the company. Does the severance […]

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Weren’t More White Collar Workers Supposed to Be Eligible for Overtime Pay?

You may remember that about a year a half ago, the Department of Labor, under President Obama, issued a rule that was going change what’s called the “salary level” for “white collar” workers. The salary level is part of the federal overtime rules. Those rules basically say: if you’re a white collar worker and you […]

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New Laws Prohibit Employers from Asking Job Applicants about Their Salary Histories

In the past year, lawmakers in Puerto Rico, Massachusetts, New York City, and Philadelphia have passed “salary history laws.” These new laws make it illegal for employers to ask job applicants about their current salaries or the salaries they earned at previous jobs. To put it simply, these laws take your salary history off the […]

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Will the State Senate Protect all New Yorkers from Discrimination?

Early last month, amid the ongoing controversy sparked by North Carolina’s anti-transgender legislation, the New York State Assembly passed the Gender Expression Nondiscrimination Act (GENDA). The Act aims to protect New Yorkers from discrimination in housing, education, and employment based on their gender identity or expression. Presently, both New York and Federal law lack such […]

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Banning the Box at School and at Work

Last weekend, a group of determined NYU undergrads staged a 30-hour occupation of NYU’s Kimmel Center for University Life. The students, members of the Incarceration to Education Coalition (IEC), presented a simple demand: Ban the Box! Like many universities, NYU still asks applicants questions about their criminal and educational disciplinary histories. Literally, such questions appear next to […]

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