Beranbaum Menken LLP

Beranbaum Menken LLP is committed to vigorously representing our clients -- whether they be executives or blue collar workers -- and treating each of them with the care and dignity so often lacking in the in the workplace.

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Firm Overview

Our attorneys have over 75 years of combined experience and have obtained countless successful judgments, settlements and verdicts. Beranbaum Menken has been selected by U.S. News and World Report as one of the "Best Law Firms in America."

One of our founding partners, John A. Beranbaum, For over two decades, Mr. Beranbaum has represented plaintiffs in employment discrimination, sexual harassment and whistleblower. In two of his cases, one involving race discrimination, and the other, sex discrimination, the jury returned verdicts of $1.7 million and $3.5 million respectively (both verdicts were remitted to six figures by the trial court). He represented a whistleblower against her former employer, a drug company, in a qui tam action under the False Claims Act, which was settled for over $42 million after the federal government's intervention. The National Employment Lawyers Association/New York twice honored his clients as recipients of its "Courageous Plaintiff's Award." He has numerous published court decisions (see "Court Decisions") and is a frequent writer and speaker on employment law. He has also been selected by his peers for the "Best Lawyers in America" in the Labor and Employment practice area, and has been recognized as a "Super Lawyer"for the New York area. He has an AV rating from Martindale-Hubbell for the past six years.

The other founding partner,Bruce E. Menken, has been named Super Lawyers for multiple consecutive years.Mr. Menken is an accomplished negotiator and skilled trial lawyer. In 26 years of legal practice, he has a solid record of working on turning challenging cases into success stories for clients. Equally adept in court, arbitration, mediation or negotiation, Mr. Menken represents executives, professionals and individual employees in employment matters.
Recently, Mr. Menken has been lead or co-counsel in several class action and whistle blower cases which have settled in the 7 and low 8 figure range. United States of America ex rel. Richard Faden v. Young Adult Institute, Inc. 09 Civ. 5003 (RMB) (filed May 28, 2009) (false claims act settlement of $18 million, of which $3.4 million allocated to relator); Ramos, et al., v. SimplexGrinnell LP, 796 F.Supp.2d 346 (E.D.N.Y. 2011) (certifying class of over 500 electrical and sprinkler technicians in NY state-wide prevailing wage case that settled in 2012 for $5.525 million).

Mr. Rozger joined Beranbaum Menken as an associate in June of 2000, and became a partner in 2007. He concentrates in employment, civil rights, labor and criminal law. He has a particular expertise in class action litigation, including several pending and certified class actions venued in the Northern District of New York challenging the strip search practices of several county jails.

Ms. Smith joined the firm in January 2008. She is a graduate of McGill University (B.A. 1998) and New York University School of Law (J.D. 2002). Before joining BMBB, she was an attorney at Texas RioGrande Legal Aid, Inc. (formerly Texas Rural Legal Aid), where she litigated in federal and state courts on behalf of migrant farmworkers concerning unpaid wages, workplace discrimination and unsafe working and living conditions.

Ms. Clarke is a 2010 graduate of Yale Law School where she was a Student Editor of the Human Rights and Development Law Journal and a Student Supervisor of the LGBT Litigation Clinic. During law school, Christine worked as a summer associate for Paul, Weiss, Rifkind, Wharton and Garrison and the Legal Aid Society - Employment Law Center, in San Francisco. Before law school, and after graduating from Oberlin College with High Honors, Christine worked for Human Rights Watch/Asia in Beijing and with the National Labor Committee researching factory conditions in China. She was admitted to practice in New York in January, 2011. Christine was instrumental in bringing to a successful conclusion a nation-wide age discrimination collective action individuals against a California-based logistics company.
Main Office

Main Office
80 Pine Street, 33rd fl.
New York City  NY  10005

Phone
  • 2125091616
Fax
  • 212-509-8088
Sexual Harassment
Beranbaum Menken LLP is committed to vigorously representing our clients -- whether they be executives or blue collar workers -- and treating each of them with the care and dignity so often lacking in the in the workplace.
Beranbaum Menken LLP has substantial experience representing victims of sexual harassment and other unlawful harassment. In one case, Ferris v. Delta Air Lines, Inc., 277 F.3d 128 (2d Cir. 2001), the firm helped advance the law in this area. In that case, a co-worker allegedly raped a flight attendant in a hotel room during a layover of an overseas flight. The Court of Appeals held that the employer was obligated to protect the flight attendant from sexual harassment and assault because her "work environment" extended to the hotel room. In another case, Traynham v. Gonzalez, 2007 WL 7233155 (S.D.N.Y. Jan. 19, 2007), the firm won a victory for a female corrections officer by obtaining a stipulation requiring the Bureau of Prisons to remove the alleged harasser from the victim’s work environment. The Video Leadership Seminar video, "Winning Strategies for Sexual Harassment Case with John A. Beranbaum," has been commercially released.
Wrongful Termination
Beranbaum Menken LLP has litigated scores of cases in which employees have been wrongfully discharged whether because of their age, disability or race, or in retaliation for their opposing discrimination or whistleblowing.
See description under Practice Area - Employment.
Employment
Beranbaum Menken LLP has broad experience in the numerous areas of employment law, including severance negotiations, executive compensation, discrimination, harassment and whistleblowing.
WHISTLEBLOWING AND RETALIATION:

Beranbaum Menken has experience bringing qui tam suits and securing favorable outcomes for whistleblowers, including a $5.7 million award for a client who blew the lid on off-label marketing of pharmaceuticals and a $3.4 million reward for a client who blew the whistle on Medicaid fraud. We can help you navigate the often labyrinthine qui tam and false claims act laws. We help our clients expose corruption and misconduct, and protect our clients’ rights to be rewarded for their bravery.

AGE DISCRIMINATION: Beranbaum Menken has been representing older workers victimized by age bias. The firm recently successfully resolved a collective action age discrimination lawsuit on behalf of 11 workers in their 40's to 60's who were wrongfully terminated because of their age. In another case, we are suing JPMorgan Chase for keeping out a 58-year old worker from a management training program because of his age and then firing him when he complained of discrimination. In McNulty v. Dept. of Finance, 941 F.Supp. 452 (S.D.N.Y. 2996), the firm successfully represented a 60-year old Director of Personnel who was laid off by City and then not rehired.

DISABILITY DISCRIMINATION: Beranbaum Menken LLP zealously represents individuals protected by the ADA. We have achieved jury verdicts on behalf of a social worker denied a promotion while recovering from cancer and a salesman fired after suffering a heart attack. We have won significant settlements on behalf of an individual suffering from PTSD after being the victim of a crime, an individual who’s physical disability became totally debilitating due to his employer’s refused to accommodate him, an individual who was subjected to a hostile work environment by his coworkers because of his minor mental impairment, and an individual who lost his job as a result of his employer’s refusal to accommodate his major depression. We have also succeeded in getting a major airline, JetBlue, to change its long term disability policy, which had previously automatically terminated employees returning from long term disability leave, rather than assessing whether the employee was able to return to work with a reasonable accommodation.

Beranbaum Menken also litigated the first case in the Second Circuit to explicitly hold that the New York State Human Rights Law defines "€œdisabilityâ" more liberally than the ADA. We also litigated the first case within the Second Circuit to address discrimination based on "€œassociations", i.e. relationships with disabled individuals. The case involved a corporate employee who was fired from her job because she gave birth to a child with serious medical needs.

SEX AND PREGNANCY DISCRIMINATION:

Beranbaum Menken LLP has achieved notable victories representing women in sex and pregnancy discrimination cases. These include Tse v. UBS Financial Services, Inc., 568 F.Supp.2d 274 (S.D.N.Y.), a $3.5 million jury verdict against an investment bank on behalf of a female stock broker, ultimately remitted to six figures by the district court.In another case, International Healthcare, Inc. v. Global Health Care Exchange, LLC, 470 F.Supp.2d 345 (S.D.N.Y. 2007), the firm was able to defeat summary judgment by showing that a reasonable jury could find that a female executive, who was assigned menial tasks and sexually stereotyped as “a girl” despite having a law degree and substantial business experience, was discriminated against. In another case, Brennan v. City of White Plains, 67 F.Supp.2d 362 (S.D.N.Y. 1999), brought by the firm, the client was a long-time administrative assistant to the Commissioner of Public Affairs, who asserted that she was discriminated against when the City did not even consider her for a vacant Deputy Commissioner position, although she was already doing many of the position’s job duties. Here, too, the plaintiff was successful in prosecuting the client’s discrimination and retaliation claims.

Pregnancy discrimination is also a form of gender discrimination. When employers assume that a pregnant woman will give up on her career or isn’t as committed as other employees, that employer is engaging in illegal sex discrimination. Similarly, when employers assumes that mothers aren’t dedicated to their jobs or won’t be able to make the time commitments the job requires, they are also engaging in sex discrimination. Beranbaum Menken llp is currently suing in federal court a major accounting firm for firing a junior level accountant after she announced that she was pregnant, despite the fact that 9 months before, she had received the largest raise of her class.

RACE DISCRIMINATION: Beranbaum Menken LLP has a deep commitment to combating race discrimination in the workplace. Among the many race discrimination claims we have litigated was one, Kim v. Dial Services Int'l, Inc., 159 F.3d 1347, cert. denied, 525 U.S. 1140 (1999), aff'g, 1997 WL 458783 (S.D.N.Y. 1997), in which we obtained a $1.7 million do
Overtime Pay
WAGE THEFT: UNPAID WAGES, MINIMUM WAGES, AND OVERTIME
Beranbaum Menken LLP fights for workers’ rights to be fully and fairly compensated for their work. We represent workers whose employers have violated federal and/or local laws governing minimum wage, overtime, misclassification, tips, commissions, prevailing wages, and other kinds of compensation.
The lawyers at Beranbaum Menken have recovered millions of dollars in unpaid wages on behalf of New York employees in individual and class action cases, both in and out of court.
Beranbaum Menken represents workers with all different kinds of wage and hour claims, including:
Home Health Attendants
Home health attendants who work in the homes of their elderly and/or disabled clients are generally entitled to be paid the minimum wage and overtime for their work. Often, employers wrongfully treat them as exempt and fail to pay them overtime, or fail to pay them for their overnight hours when they work 24-hour shifts.
Beranbaum Menken attorneys have represented a large number home attendants and home health aides in wage and hour disputes, including individual litigations and numerous large class actions. We are highly familiar with this area of law and can help you determine whether you’ve been properly paid and to help you recover any wages you are owed.
Misclassified Employees
Often, employers wrongly misclassify employees and treat them as “exempt” from overtime laws. Most commonly, this happens to employees who managers, administrators, professionals, computer specialists, salespeople, and people who work in a creative or artistic field.
The determination of whether any given individual is exempt or entitled to overtime protection depends heavily on the specific facts of their situation. The lawyers at Beranbaum Menken have extensive experience with the FLSA New York Labor Law exemptions, and can help you figure out whether you have been misclassified. If you have been inappropriately classified as an exempt rather than nonexempt employee, we can help you recoup your back pay and overtime wages.

Prevailing Wage
Many states, including New York and New Jersey, require that employees of private companies who perform work on public projects be paid what are known as “prevailing wages.” These wages are derived from the pay earned by union employees doing similar work in the area, and are often substantially higher than the wages paid on private, non-union jobs. Because prevailing wages are so much higher than wages in private, non-union work, unscrupulous employers have an incentive to, and often do, break the law and underpay their employees.
Beranbaum Menken represents a wide variety of employees in prevailing wage lawsuits, such as fire alarm workers, roofers, boilermakers, and masons. In 2013, we obtained a $5.5 million settlement from Simplex Grinnell LP in a class action filed on behalf of fire alarm and sprinkler workers who were not paid prevailing wages. If you are working on a public facility, and think you are underpaid for your public work, contact Beranbaum Menken for a consultation.

John Beranbaum

License
  • Bar Number: 1822774
    New York , 1981
  • Bar Number: 027411982
    New Jersey , 1982
Education
  • Yale University
    B.A. , 1977
    Magna cum Laude; Distinction in History
  • New York University School of Law
    J.D. , 1981

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Articles Written

Attorney's Fees: The Death of Arbor Hill (New York State Bar Assn. Journal, Feb. 2012)

Created On: 12/18/2013

ATTORNEY’S FEES: THE DEATH OF ARBOR HILL

- John A. Beranbaum

LA-NOLO3:DRU.1.6.3.6.20141124.29342