Cases Raff & Becker, LLP Attorneys New York New York

Selected Cases

The attorneys of Raff & Becker each have over forty years of experience in representing clients before administrative agencies, state and federal trial courts, and appellate courts and have represented numerous individual clients as well as handled large class actions. Examples of some of the cases are set forth below. Additionally, David Raff has extensive experience serving as a Special Master for federal district court judges.

Class Action Cases

In April 2001, after an eleven year battle before administrative agencies and in New York State Supreme Court, our firm achieved a $19.1 million settlement on behalf of 785 workers who were underpaid while doing construction renovation work for the City's Department of Housing Preservation and Development. (Daino v. Hevesi , 122977/95, (NYS Supreme Ct., April 20, 2001)). The settlement increased the original hourly rate from $14 per hour to nearly $22 per hour from October 1, 1988 to December 31, 1990, and to almost $32 per hour from January 1, 1991 to June 30, 1992. As a result, the average pay-out exceeded $20,000 for each worker.
Raff & Becker filed a case on behalf of Unemployment Insurance (UI) claimants who had been denied due process in their applications for UI benefits. (Municipal Labor Committee v. Sitkin, 865 F. Supp. 1015 (S.D.N.Y. 1994); see also 945 F. Supp. 539 (S.D.N.Y. 1996)) Under a Consent Judgment, the New York State Department of Labor agreed t o process UI claims in accordance with certain guidelines that ensure that claimants receive fair hearings. As a result of our firm's efforts, some 120,000 claimants who were denied benefits are having their cases reconsidered, and more than $7.5 million in benefits that were previously denied have been paid to class members. The firm continues to monitor defendants' compliance with the Consent Judgment and won a decision again in 2005 which asserted that the agency must improve the fairness of its hearings.
In New York State National Organization For Women v. Cuomo, 182 F.R.D. 30 (S.D.N.Y. 1998), Raff & Becker challenged, among other things, rules and regulations of the New York State Division of Human Rights ("Division"), which were used by the agency to prevent people from filing complaints of unlawful discrimination. The federal district court found that the Division's rules were unconstitutional and ordered the Division to stop using them. The firm represented the New York State, New York City and Westchester County chapters of the National Organization for Women. The firm also represented the interests of all persons who had filed or would file a complaint with the Division and who had been or would have been harmed by its unconstitutional rules. We are also happy to see that grassroots organizations throughout New York State have taken up some of our other recommended changes for the Division and are working toward making them into law.

Discrimination

Raff & Becker negotiated for and received the entire amount of compensation that a sales executive was seeking in an action for race and gender based discrimination and breach of contract against a major publishing company. She was able to continue her employment there.
Our firm successfully recovered an award of $260,000 for our client in an age discrimination action (Allender v. American Home Products Corp., 233 A.D.2d 153 (1st Dep't 1996), aff'd, 89 N.Y.2d 1055 (1997)). The case was tried at the New York State Division of Human Rights, and successfully defended on appeal up to the New York State Court of Appeals.
In a case alleging discrimination on the basis of perceived disability, where our client was perceived to be HIV-infected, Raff & Becker negotiated a $75,000 settlement under the New York State Human Rights Law. The case was unique because although our client provided child care services to a couple, the statute at that time did not protect people who work in a domestic capacity and for an employer of less than four people. Raff & Becker successfully argued that our client was employed jointly by the couple and the husband's business as she was paid by the business and signed an agreement to be eligible for health benefits that designated an employee of the company.
A pregnancy discrimination action was brought against a major television network on behalf of an Operations Assistant who lost her primary job duties as a Scheduling Coordinator upon returning from maternity leave. Raff & Becker obtained a promotion and a salary increase for the client.
Our firm settled a race discrimination and defamation action against well-known Manhattan church on behalf of two former employees who were falsely accused of engaging in criminal behavior. Our firm recovered over $250,000 for the two employees.
Raff & Becker won a judgment awarding a female professor an increase in salary going back three years, which was then doubled, because the College was discriminating against her in favor of a male member of its English Department who was doing the same work and had the same responsibilities. (Fey v. Rockland Community College, 93 Civ. 2157 (CLB) (S.D.N.Y.)) The firm later successfully settled a second Equal Pay Act case against Rockland Community College on behalf of a second faculty member.
We brought a sexual orientation and disability discrimination action against prominent New York City real estate management company on behalf of former employee who was harassed and terminated because of disability and perceived sexual orientation. Raff & Becker obtained a settlement of $100,000.
Raff & Becker settled a national origin discrimination claim for $85,000 against a major New York City hospital on behalf of former employee who was allegedly terminated because of poor performance.
Raff & Becker, LLP represented the manager of two nationally known hotel franchises in separate actions before the United States Equal Employment Opportunity Commission ("EEOC") and the New York State Department of Labor ("DOL"). The claim before the EEOC was that the client had been sexually harassed by his manager and terminated in retaliation for refusing her advances. The matter was settled in mediation for $90,000. In the matter before DOL, the client was denied unemployment insurance benefits after the employer claimed that the employee was terminated for committing misconduct. Our firm successfully represented the client at a hearing where it was determined that he did not commit misconduct and was granted benefits.
Our firm negotiated the reinstatement of an employee to his former position as professor at a well-known college after notifying the college that the professor had been discriminated against and terminated because of his disability, alcoholism.
Raff & Becker, LLP represented an office manager before the New York State Division for Human Rights in his claim that he was terminated in retaliation for notifying his employer, a maid service company that services greater metropolitan New York City, that it was committing race-based discrimination against its maids. The State Division found after its investigation that there was probable cause to believe that the employer engaged in unlawful retaliation and ordered a public hearing. The matter was settled in mediation shortly thereafter for more than one year's salary.

Contracts and Severance

Raff & Becker represented a former employee of the asset backed securities group of a major investment and brokerage company in an arbitration alleging refusal to pay a bonus in violation of a contract. The case was settled for $100,000.
Our firm successfully negotiated more favorable terms in severance agreement on behalf of former employee of internationally renowned investment bank.

Wage and Hours

Raff & Becker took action for recovery of wages on behalf of a Computer Programmer Analyst working under an H 1 B visa against a computer consulting agency where employer promised a certain wage in the H 1B application and failed to pay the analyst accordingly. Raff & Becker recovered 80% of the wages the client sought.

Disability Insurance Claims

Our Firm filed an action in federal court under ERISA to challenge an insurance carrier's denial of our client's application for long-term disability benefits. The case was settled for $100,000. Subsequently, Raff & Becker negotiated a buy-out of an existing long-term disability insurance policy for this client for $500,000.

Civil Service

Our Firm represented an applicant before the Civil Service Commission in connection with her application for a position with the New York City Department of Sanitation whom the Department disqualified for a medical condition. The Commission found that the disqualification was arbitrary and capricious and reversed the disqualification.

Retaliation/Worker Misclassification

The attorneys at Raff & Becker tackled a novel issue and won a sizeable settlement on behalf of our client. The client had worked for an insurance company under a contract that labeled her an independent contractor. When the company terminated the contract, the client filed for unemployment insurance benefits. After investigation, the New York State Department of Labor determined that our client was really the company's employee, not an independent contractor, and granted her benefits. The company sued the client, claiming that she breached the contract because she filed for unemployment benefits. The lawsuit sought damages and attorney's fees, an amount that numbered in the thousands. We filed a counter-claim based upon a lesser known provision of the Labor Law that prohibited retaliation against employees who exercised their legal rights. The provision had never been used in a case involving unemployment insurance benefits. Not only did the company drop its case against our client, the company agreed to pay damages for emotional distress to our client and to pay her attorney's fees.

Employers and Businesses

Our Firm obtained a substantial reduction of wage assessments against an individually owned parking lot in an investigation by the New York State Department of Labor. We were also successful in avoiding the imposition of penalties.
Raff & Becker fought to significantly decrease the amount the New York State Department of Labor assessed against a video production company for non-payment of bonus.
Raff & Becker successfully negotiated an out of court settlement for a building supplies company which minimized a claim of unpaid overtime by a former employee.
Our firm successfully defended a company that provided independent contractor teachers to private schools from a claim of unpaid wages and that the independent contractor was an employee.

Appointments of David Raff as a Federal Court Appointed Special Master

What is a Special Master?

A Special Master is a person appointed by the Court to monitor compliance with the Court's orders. Among other duties, a Special Master hears and decides disputes between the parties and has the authority to issue remedial orders. Mr. Raff has performed these and related duties for the federal district court since 1975.

Appointed by United States District Court Judge Henry F. Werker to administer the Court's orders, affirmative action plan and other remedial relief in Equal Employment Opportunity Commission and the City of New York v. Local 638 . . . , Local 28 of the Sheet Metal Workers' International Association, Local 28 Joint Apprenticeship Committee et al., Sheet Metal and Air Conditioning Contractors' Association of New York City, Inc. , 478 U.S. 421 (1986). This case, which is on-going, involves assuring minorities fair opportunities to obtain union membership and employment in the New York City metropolitan area sheet metal trade.
Appointed by United States District Court Judge Henry F. Werker to supervise the performance and implementation of Chief Judge Mitchell H. Cohen's order in United States of America v. Sheet Metal Workers' International Association, Local Union No. 10, et al., 6 FEP Cases 1036 (D.N.J., 1973). This case, which is on-going under the present case name of Equal Employment Opportunity Commission v. Local 25 of the Sheet Metal Workers' International Association, involves assuring minorities fair opportunities to obtain union membership and employment in the Northern New Jersey area sheet metal trade.
Appointed by United States District Court Judge Robert L. Carter to administer the Court's orders, affirmative action plan and other remedial relief in E.E.O.C. v. Local 580, International Association of Bridge Structural and Ornamental Ironworkers, Joint Apprentice Journeymen's Education Fund, Allied Building Metal Industries, Inc., 669 F. Supp. 606 (S.D.N.Y. 1987) (Remedial Orders dated April 15 and October 19, 1988) aff'd, 925 F.2d 588 (2nd Cir. 1991). This case, which is on-going, involves assuring minorities fair opportunities to obtain union membership and employment in the New York City ornamental ironwork trade.
Appointed by United States District Court Judge Hatfield Chilson in Yarborough v. Sheldon , Civ. Action No. 74-HC-4337 (D. Colo. 1980, Consent Decree). This case involved a claim that minorities were denied equal employment opportunities by the federal government. Mr. Raff conducted hearings and made decisions regarding back pay entitlement to victims of discrimination in eleven cities around the country.

Cases