Multiple sources are reporting that the DOL’s Final Rule regarding the exempt status salary basis threshold will set the minimum salary at approximately $47,000 per annum, rather than the previously-reported $50,440. While the Office of Management and Budget (OMB) is still reviewing the proposed rule, the rule may clear OMB within the next few weeks,
Noel P. Tripp
Noel Tripp is a Principal in the Long Island office of Jackson Lewis P.C., one of the largest law firms in the United States devoted exclusively to representing management in labor and employment matters. Since joining Jackson Lewis P.C. as a summer associate in May 2005, he has practiced exclusively in employment law and has been involved in matters pending before federal and state courts and administrative agencies covering the gamut of employment-related matters from discrimination and workplace harassment to wage/hour disputes and affirmative-action compliance. His principle focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws.
Mr. Tripp is a graduate of Dartmouth College (A.B. 1999), and Fordham Law School (J.D. 2006). Prior to attending law school, Mr. Tripp was a complex commercial litigation paralegal at a large national law firm in Los Angeles, California. He is admitted to practice in the state of New York.
Education
- Fordham University, J.D., 2006
- Dartmouth College, A.B., 1999
Admitted to Practice
- New York, 2007
- New York – E.D. N.Y., 2008
- New York – S.D. N.Y., 2008
Minimum Wages To Rise On Both Coasts
Over the past few years, numerous states and municipalities have increased the statutory minimum wage. Further, through Executive Order, President Obama increased the federal minimum wage applicable to federal contractors. Consistent with this trend, the governors of both California and New York have now reached new legislative deals with their respective legislative branches which provide…
Wynn Marketing Executive Host Is Exempt Administrative Employee Due To Exercise of Discretion
Earlier this week, the U.S. Court of Appeals for the Ninth Circuit issued an unpublished decision affirming summary judgment in favor of Wynn Las Vegas with respect to overtime claims asserted by a Slot Marketing Executive Host. Dannenbring v. Wynn Las Vegas, LLC, 2016 U.S. App. LEXIS 5715 (9th Cir. Nev. Mar. 28, 2016).…
Reporting Indicates Accelerated Timetable for Proposed Overtime Rule
Multiple sources have reported that yesterday the USDOL sent the proposed final overtime rule to the Office of Management and Budget (OMB) for its mandatory review. If OMB’s review is completed on an expedited basis, DOL could disseminate the proposed final rule to the public by mid-April, with an effective date potentially as early as…
Oregon Governor Signs Bill Increasing Oregon’s Minimum Wage
Last week, Oregon joined New York, Los Angeles, Birmingham, Seattle and others on the list of states and municipalities continuing to push for a higher minimum wage in the face of stalled federal rulemaking. In Alabama, the state quickly blocked Birmingham’s efforts. Full coverage of the Oregon law is available here.
Ninth Circuit Affirms: Not All Complaints About Work Policies Relating to Hours “Protected Activity” Under the FLSA
The substantive provisions of the FLSA protect covered non-exempt employees’ right to receive minimum wage and, as applicable, overtime pay. The statute’s anti-retaliation provision is co-extensive: it protects employees from termination or other adverse employment action in response to complaints that those provisions were violated. The FLSA however does not extend anti-retaliation protections to employees…
Santa Monica Latest Municipality To Dive Into Wage Rulemaking
As covered on the Jackson Lewis web site here, Santa Monica (CA) has joined the City of Los Angeles and other municipalities in enacting a minimum wage and paid sick leave statute. Absent a change or legal challenge, the minimum wage schedule set forth in the new ordinance takes effect on July 1,
New Jersey Court: Meal Preparation, Other Tasks Properly Part of “Companion” Duties Under Old Test
In 2013 the Department of Labor announced new regulatory language that substantially limited the scope of the Fair Labor Standards Act’s companionship exemption. Those regulations, of course, were challenged through litigation which remains ongoing, and their implementation by the USDOL was delayed until many months after the original effective date of January 1, 2015. Though…
First Circuit: FAAAA Preempts Massachusetts’ Contractor Law
On February 22, 2016, the First Circuit issued its decision in Schwann v. Fedex Ground Package System, Inc. This decision clarified the extent to which the Massachusetts Independent Contractor statute, G.L. c. 149 § 148B (“§ 148B”), as applied to motor carriers, is preempted by the Federal Aviation Administration Authorization Act of 1994, 49…
Birmingham Implements Wage Ordinance Effective Immediately, Subject To Possible Overturning at State Level
As discussed in detail on the Jackson Lewis web site, the Birmingham City Council – attempting to push through a wage increase within the municipality ahead of rule-making at the state level designed to preempt such city laws – has passed an ordinance increasing the minimum wage within city limits to $10.10 effective immediately. …