David H. Tracey
Top rated Employment Litigation attorney in New York, New York
Sanford Heisler Sharp McKnight, LLP
Practice areas: Employment Litigation, Civil Rights, Employment & Labor; view more
Licensed in New York since: 2014
Education: New York University School of Law
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Based in the New York office of Sanford Heisler Sharp McKnight, LLP, David H. Tracey is Firmwide Managing Partner and Co-Chair of the firm's Public Interest Litigation Practice Group. He focuses his practice primarily on employment law matters, including discrimination, retaliation, wage and hour issues, employee benefits and civil rights.
Graduating magna cum laude, Mr. Tracey received his Bachelor of Arts degree in political science and international studies from Yale University. He continued his education at the New York University School of Law, earning his Juris Doctor in 2013 and graduated magna cum laude with Order of the Coif honors. After law school, he served as a law clerk for a senior judge at the U.S. District Court for the Eastern District of California.
Licensed to practice in New York and New Jersey, he is also admitted to practice before the U.S. Courts of Appeals for the 2nd Circuit, 11th Circuit, and 4th Circuit, the U.S. District Courts for the Southern and Eastern Districts of New York, and the U.S. District Court for the District of New Jersey.
Mr. Tracey is an active member of the National Employment Lawyers Association / New York. He has co-authored an article titled “Employers Should Owe a Duty of Loyalty to Their Workers,” published in the Cardozo Law Review de novo. A well-renowned attorney, he has successfully negotiated countless settlements for his clients.
Whether his clients have been subjected to discrimination, harassment or retaliation on the job, Mr. Tracey fights tirelessly on their behalf. He empathizes with his clients and upholds their rights when they're treated unfairly at work.
Practice areas
Employment Litigation: Plaintiff, Civil Rights, Employment & Labor: Employee, General LitigationFocus areas
Discrimination, Employment Law - Employee, Litigation, Retaliation, Wage & Hour Laws
- 20% Employment Litigation: Plaintiff
- 50% Civil Rights
- 20% Employment & Labor: Employee
- 10% General Litigation
First Admitted: 2014, New York
Professional Webpage: https://www.sanfordheisler.com/team/david-h-tracey/
Bar / Professional Activity
- New York
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. Court of Appeals for the Second Circuit
- New Jersey
Verdicts / Settlements (Case Results)
- The class action lawsuit was filed under the Employee Retirement Income Security Act, alleging Walgreens violated ERISA through its mismanagement of employees' 401(k) retirement fund. Following two and a half years of litigation, the court approved a $13.75 million settlement for more than 100,000 current and former Walgreens 401(k) plan participants. , 2022
- Mr. Tracey was co-counsel for the plaintiffs in a class action lawsuit brought under the Employee Retirement Income Security Act that resulted in a $61 million settlement--believed to be the largest-ever settlement of an ERISA case stemming from allegations that a corporation’s 401(k) plan improperly directed employees to invest in its own, under-performing, proprietary funds. The lawsuit against General Electric ("GE"), filed in U.S. District Court for the Southern District of California in 2017, alleged that GE and trustees of the General Electric Retirement Plan (“the Plan”), as well as 30 unnamed defendants, violated ERISA by engaging in prohibited transactions and unlawful self-dealing detrimental to both the named plaintiffs individually and the class—some 250,000 GE employees participating in the Plan during the proposed class period of January 11, 2011 through June 30, 2016, and who collectively invested billions of dollars in the Plan annually. The Court granted final approval of the settlement in March 2024., 2024
Representative Clients
- Two State Farm home insurance policyholders who allege that State Farm's claims-processing methods discriminate against Black policyholders by disproportionately subjecting their claims to greater scrutiny than white policyholders, causing delays in urgent repairs, impacting their quality of life, and devaluing their homes. In asserting algorithm bias, the lawsuit is being closely watched. , 2024
- In June 2024, Mr. Tracey, with co-counsel Disability Rights Tennessee and Youth Law Center, filed a class action lawsuit in U.S. District Court for the Middle District of Tennessee against the State of Tennessee, the Tennessee Department of Children’s Services (“DCS”), and the commissioners of the Tennessee Department of Education and DCS, alleging that Tennessee’s juvenile justice system subjects children and young people with disabilities to pervasive violence, abuse, and neglect. Disability Rights Tennessee serves in the case both as counsel and as an organizational plaintiff. The organization is joined by individual plaintiffs John Doe 1, John Doe 2, and Jane Doe 1, all of whom are youth currently or formerly in DCS custody. , 2025
- Dr. Christine Johnson McPhail, former president of Saint Augustine's University, a Historically Black College and University ("HCBU") in Raleigh, N.C. On behalf of Ms. McPhail, Mr. Tracey filed a Complaint with the Equal Employment Opportunity Commission alleging discrimination and retaliation against the University and its Board of Trustees., 2024
Pro bono / Community Service
- New York University Racial Justice Clinic
Educational Background
- Yale University, B.A., magna cum laude
Scholarly Lectures / Writings
- Employers Should Owe a Duty of Loyalty to Their Workers. Cardozo Law Review, August 2020, Co-Author, Co-author, Employers Should Owe a Duty of Loyalty to Their Workers, Cardozo Law Review, 2020
- Op-ed in support of a law before the state Legislature that would allow workers to initiate lawsuits against their employers on behalf of the state Department of Labor, expanding enforcement of wage theft laws. , Co-author, Opinion: To make the minimum wage count, expand wage theft enforcement, City & State New York, 2023
- This is a public comment that Mr. Tracey co-authored with others at SHS re: Proposed Rule § 106.41(b)(2) Regarding Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-related Eligibility Criteria for Male and Female Athletic Teams., Co-author, Public Comment to U.S. Department of Education, Sanford Heisler Sharp McKnight, LLP, 2023
Honors
- Super Lawyers New York Metro Rising Star, Super Lawyers, 2023
- National Law Journal Rising Stars of the Plaintiffs Bar, National Law Journal, 2024
- New York Law Journal Rising Stars, New York Law Journal, 2024
- 2025 Best Lawyers in America: Ones to Watch, Best Lawyers, 2025
Selections
- Super Lawyers: 2025 - 2026
- Rising Stars: 2023 - 2024