David Tracey

David Tracey is an Associate in the NY office who works primarily on discrimination and wage and hour cases. He received his law degree from NYU Law School in 2013.

Our commitment to securing justice and providing the best representation possible is reflected in a commitment to diversity within our own firm. At Sanford Heisler Sharp, LLP, we know better than to think the best attorneys look alike, sound alike, think alike, or live alike. What matters is talent, and we hire the best talent available.

As a result, our team more accurately mirrors America. Women, minority, and/or openly gay lawyers make up the majority of our staff. A passion for social justice unites our team - we all work to use the power of law to help create and enforce a more just society.

David Tracey is an Associate in the New York office of Sanford Heisler Sharp, LLP, a national law firm with offices in Washington, DC, New York, California, and Tennessee. Mr. Tracey represents employees in individual and class actions involving discrimination, wage and hour violations, employee benefits, and civil rights. He received his law degree magna cum laude from New York University School of Law, where he was awarded membership in the Order of the Coif. He received his bachelor’s degree magna cum laude from Yale University.

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.

Mr. Tracey has frequently volunteered at legal services organizations in New York City. He has represented tenants in eviction proceedings and has participated in litigation and legislative advocacy to achieve criminal justice reform. Among other efforts, while a law student, Mr. Tracey 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

  • B.A., Yale University, magna cum laude
  • J.D., New York University School of Law, 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
  • Southern District of New York
  • Eastern District of New York
  • District of New Jersey

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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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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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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Merck Gender Pay, Promotion and Pregnancy Discrimination Class Action

This gender discrimination class action against pharmaceutical giant Merck & Co., Inc. was originally filed by Plaintiff Kelli Smith in May 2013 in the U.S. District Court for the District of New Jersey. In January 2014, four additional class representatives from around the country joined the suit as plaintiffs alleging pay, promotion and pregnancy discrimination against the company.

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Forest Laboratories Gender Discrimination Class Action

In July 2012, Sanford Heisler Sharp, LLP filed a $100 million class action lawsuit against Forest Laboratories, Inc., and Forest Pharmaceuticals, Inc. (“Forest”) in federal court in New York, alleging, among other claims, that Forest discriminates against its female Sales Representatives by paying them less than their male counterparts. The Plaintiffs also allege claims of failure to promote, discrimination based on pregnancy and maternity leave, sexual harassment, and retaliation. In 2014, the Court denied Forest’s attempt to dismiss the Plaintiffs’ claims, and in 2015 the Court conditionally certified a class under the Equal Pay Act (EPA).

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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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    Overtime Could Be in Jeopardy for 5 Million Workers

    Bureaucracy is boring. “Regulatory Plans,” “Notice and Comment,” “Final Rules”—the Administrative State tends to glaze eyes. But for a moment last July, the media set its gaze on bureaucracy. That’s because a bureaucratic agency, the Department of Labor, proposed a rule that could increase the wages of millions of workers. Specifically, the DOL proposal makes […]

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    What Do the Candidates Have to Say About The Gender Pay Gap?

    There are several ways to get at this question. The campaign gristmills produce ample material –comments to the press, debate statements, stump speeches, tweets, YouTube videos. And, of course, with a few notable exceptions, most candidates have some legislative record. Several commentators have already sifted through this content to discern positions on pay equity (including, […]

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    The NFL Still Isn’t Leading on Domestic Violence

    October is Domestic Violence Awareness Month. The Month’s purpose, according to a recent Presidential Proclamation, is to refocus the public on “forg[ing] an America where no one suffers the hurt and hardship that domestic violence causes.” Prompted in part by this message, the public has once again turned its attention to the most publicized corporate effort […]

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    Vacation and Values

    Earlier this month, Senator Bernie Sanders introduced the Guaranteed Paid Vacation Act—a bill requiring employers with at least 15 employees to provide 10 days of paid vacation. The Bill currently has a whopping 0 cosponsors, which is exactly the same number of co-sponsors Representative Alan Grayson’s Paid Vacation Act (a similar bill) received in the last […]

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    The Fight For $15 and a Fair Schedules

    On April 15, thousands of workers and their allies rallied for better wages.  The Fight for $15 has expanded from a small group of fast food workers to thousands of retail employees, child care workers, home care providers, and adjunct professors. Indeed, news outlets are now reporting on how presidential campaigns will respond to the […]

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    Honoring Hong Yen Chang: a pioneer for a more inclusive legal profession

    Recently, the California Supreme Court posthumously granted Hong Yen Chang admission to the California Bar – reversing a 125-year-old decision that denied his application because of his race and national origin. (Read the Court’s decision here; read more about the case here, here, and here.) Chang was born in China and immigrated to the United […]

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    Love (or “LUV”) in the Air… Some History on Discrimination in the Airline Industry

    In a belated celebration of Valentine’s Day, I want to tell a love story. But don’t worry, this won’t get mawkish. This is a story of modern love, of commercial love, of a four-letter (sometimes, three-letter) slogan (“love” or “LUV”) perverted to discriminatory ends. (This also an aviation tale, and if you haven’t read my […]

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