Cases Raff & Becker, LLP Attorneys New York New York

Selected Cases

The partners of Raff & Becker each have over thirty years of experience in representing clients before administrative agencies, state and federal trial courts, and appellate courts. Along with their associates, they 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 to 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

We brought a gender based discrimination claim against major communications corporation when a manager was terminated but no action was taken against her two male counterparts for committing the same act. We obtained a $60,000.00 settlement for her claim.
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); 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 does 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.
Our firm brought sexual harassment, hostile work environment and retaliation claims against a financial services corporation on behalf of an Operations Assistant. We reached a settlement of $55,000 plus benefits.
Our firm settled an age discrimination claim against travel agency on behalf of former employee who was terminated for alleged excessive absenteeism while other employees younger than her were not similarly disciplined. We obtained a settlement of three weeks salary and benefits.
Raff & Becker settled a national origin discrimination claim for $85,000 against major New York City hospital on behalf of former employee who was allegedly terminated because of poor performance.

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 pursued a wage claim against country club for unpaid wages on behalf of a former employee who was not permitted the meal times allowed by law and recovered $3,500.
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.

Small Business

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 Statement Department of Labor assessed against a small video production company for non-payment of bonus.

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 ensure that the parties to a lawsuit comply 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 minorites 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 for minorities 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.

The New York employment law firm of Raff & Becker, LLP confidently provides employment law, discrimination, sexual harassment, ADR, and anti discrimination laws legal services to clients located in New York City, New York, including the five Boroughs (the Bronx, Brooklyn, Manhattan, Queens, and Staten Island), Long Island, Westchester, Nassau County, Suffolk County, and all of the surrounding areas.

RAFF & BECKER, LLP
Attorneys at Law
New York State Discrimination Attorneys
New York City Sexual Harassment Lawyers
470 Park Avenue South
3rd Floor North
New York, New York 10016
Phone: (212) 732-5400
Fax: (212) 732-0270
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