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Noel P. Tripp

Principal
Long Island

P 631-247-4661
F 631-247-0417
Noel.Tripp@jacksonlewis.com

Biography

Noel P. Tripp is a Principal in the Long Island, New York, office of Jackson Lewis P.C. Since joining Jackson Lewis as a summer associate in May 2005, he has practiced exclusively in employment law and early in his career was involved in matters pending before federal and state courts and administrative agencies covering the entire gamut of employment-related matters. His principal focus is the defense of class and collective action lawsuits under federal and state wage-and-hour laws, including both “white-collar” misclassification actions as well as actions brought in behalf of hourly employees seeking to recover unpaid minimum, regular and overtime wages, amounts unlawfully deducted from wages, unpaid commissions, and gratuities. 

Mr. Tripp previously served as Coordinator for Jackson Lewis’ Wage & Hour Law Update blog. He has spoken about wage-and-hour matters to the American Translators Association, the Women’s Bar Association of New York, the New York County Lawyers Association, the New York City Bar Association and other industry and professional associations, and he is a frequent speaker on wage-and-hour topics at Jackson Lewis’ popular Long Island Breakfast Series.

 

Recent Favorable Decisions

  • Lusk v. Serve U Brands, Inc., 2018 U.S. Dist. LEXIS 22693 (W.D.N.Y. Feb. 12, 2018)(granting motion to dismiss FLSA claims of delivery drivers for failure to plead regular rate of pay).
  • Cruden, et al. v. CABS, EDNY Case No. 15-CV-4071, DKT 67.  Denying motion for FLSA conditional certification and notice to group of more than a thousand home care workers.
  • Walker v. Interfaith Nutrition Network, Inc., 2015 U.S. Dist. LEXIS 91418 (E.D.N.Y. July 14, 2015).  Granting motion to dismiss FLSA claims for failure to plead enterprise or individual coverage of Plaintiffs’ employment at New York non-profit.
  • Jennings v Huntington Crescent Club, 120 A.D.3d 1394 (2d Dep’t 2014).  Affirming grant of motion to dismiss New York Labor Law claims based on alleged uncompensated work and raises. 
  • Nunez, et al. v. Shinobi LLC, et al., SDNY Case No. 12-CV-5313, DKT 67 (Sept. 13, 2013).  Denying motion for FLSA conditional certification and notice based on individual issues specific to putative representative Plaintiffs.

Representative Class Action Experience

  • Lusk, et al. v. Serve U Brands d/b/a Insomnia Cookies, Western District of New York (2017).  Alleging minimum wage violations as to nationwide collective of delivery drivers.
  • Green, et al. v. Humana at Home, Southern District of New York (2016).  Alleging misclassification of home health aides as exempt and additional violations of New York Labor Law.
  • Capilupi, et al. v. People United, Eastern District of New York (2015).  Alleging misclassification of Customer Service Managers at defendant bank.
  • Molina, et al. v. Sant Ambroeus LLC d/b/a Casa Lever, Southern District of New York (2015).  Alleging violation of tip credit provisions, misappropriation of gratuities and violations of New York Labor Law.
  • Malnar et al. v. Presidio International d/b/a Armani Exchange, New York County Supreme Court (2015).  Alleging misclassification of interns under New York Labor Law.
  • Lopez et al. v. Dinex Group, et al., New York County Supreme Court (2013).  Alleging misappropriation of gratuities and violations of New York Labor Law.
  • Freddy Fernandez, et al. v. Kinray, Inc. and Cardinal Health, Inc., United States District Court, Eastern District of New York (2013).  Alleging misclassification of delivery drivers by pharmaceutical wholesaling facility.
  • Banegas v. Lutheran Augustana, United States District Court, Eastern District of New York (2012).  Nursing employees alleging off-the-clock work during meal breaks and outside scheduled shift.
  • Sukhnandan v. Royal Health Care, United States District Court, Southern District of New York (2012).  Putative hybrid class/collective action alleging misclassification of marketing employees as exempt from overtime under federal and state law. 
  • Roman et al v. Dinex Group, et al., United States District Court, Southern District of New York (2012).  Alleging misappropriation of gratuities and violations of New York Labor Law.
  • Pazos et al. v. Le Bernardin, United States District Court, Southern District of New York (2011).  Alleging misappropriation of gratuities and violations of New York Labor Law.
  • Hidalgo et al. v. Fidelis Care, United States District Court, Eastern District of New York (2011).  Putative hybrid class/collective action alleging off-the-clock claims for straight and overtime pay under federal and state law.   Resolved as to group of opt-ins on favorable terms.  No class certified. 
  • Mondelli et al. v. Il Mulino, United States District Court, Southern District of New York (2011).  Alleging misappropriation of gratuities and violations of New York Labor Law.
  • Ohayon et al. v. Dinex Group and Daniel Boulud, United States District Court, Southern District of New York (2011).  Alleging misappropriation of gratuities and violations of New York Labor Law.
  • Toure et al. v. AmeriGroup, United States District Court, Eastern District of New York (2010).  Putative hybrid class/collective action alleging misclassification of marketing employees as exempt from overtime under federal and state law. 
  • Carton et al. v. Sterling InfoSystems, United States District Court, Southern District of New York (2010).  Mediation pending.
  • Li et al. v. HealthPlus, United States District Court, Eastern District of New York (2010).  Putative hybrid class/collective action alleging off-the-clock claims for straight and overtime pay under federal and state law.  Resolved as to group of opt-ins on favorable terms.  No class certified. 
  • McBeth et al. v. Gabrielli Truck Sales, Ltd. et al, United States District Court, Eastern District of New York (2009).  Class and collective action brought by parts and warehouse employees regarding 29 U.S.C. § 213(b)(10) “auto dealer” exemption. 
  • Walker v. Hunter Roberts Construction, United States District Court, Southern District of New York (2009).  Collective action under FLSA and New York State overtime pay claims brought by assistant project managers who claim they were misclassified as exempt from overtime pay requirements.  Settled on favorable terms with group of opt-in plaintiffs. 
  • Ferree v. Clough, Harbour, United States District Court, Middle District of Pennsylvania (2008).  Alleging additional payments due under the FLSA based on putative collective action participants’ receipt of “straight time” overtime.   
  • Houston & Lomascolo v. Parsons Brinckerhoff, Alltech, et al., United States District Court, Eastern District of Virginia (2008).  Collective action alleging overtime entitlement by inspectors retained by Alltech to perform inspections upon residential housing damaged at Presidentially declared disaster sites managed by FEMA. 
  • Webster, et al. v. Smithfield Associates et al., United States District Court, Southern District of New York (2008).  Class and collective action brought against longstanding Manhattan restaurants Balthazar and Pastis alleging misappropriation of gratuities and miscalculation of overtime wages under FLSA and New York Labor Law. 
  • Ramales et al. v. Timberlake, et al., United States District Court, Southern District of New York (2008).  Class and collective action against Manhattan restaurant alleging failure to pay wages and misappropriation of “service charges” under Samiento, et al. v. World Yacht, Inc., et al., 10 N.Y.3d 70 (2008).
  • Hughes, et al v. Getronics et al., United States District Court, Southern District of New York (2007).  Class and collective action alleging FLSA and New York Labor Law misclassification of numerous information technology workers. 
     

Honors and Recognitions

Professional Associations and Activities

  • American Bar Association
  • New York State Bar Association

See AllNoel P. Tripp in the News

May 18, 2017
International Risk Management Institute

Noel Tripp Authors "Wage-and-Hour Audits: The Time (As Always) Is Now"

May 18, 2017

Noel Tripp authors "Wage-and-Hour Audits: The Time (As Always) Is Now," published by International Risk Management Institute. Read More

December 14, 2016
Risk & Insurance

Noel Tripp Comments on Implications of Recently Halted Overtime Rule

December 14, 2016

Noel Tripp comments on companies still at risk of being noncompliant after Overtime Rule injunction in "A Salary Threshold Working Over Time," published by Risk & Insurance. Subscription may be required to view article Read More

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December 11, 2018

New York State Department of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations

December 11, 2018

The New York State Department of Labor (NYSDOL) has issued sweeping proposed regulations addressing worker scheduling practices that will affect most employers in the state (though employers covered by the Hospitality Wage Order — hotels and restaurants — are not covered by the current proposed regulations). The proposed regulations... Read More

September 25, 2018

Door-to-Door Salesmen, Chauffeur Drivers Not Entitled to Overtime Pay under ‘Fair Reading’ of FLSA, Second Circuit Finds

September 25, 2018

Acknowledging its obligation to give a “fair reading” to all Fair Labor Standards Act (FLSA) overtime exemptions, as the U.S. Supreme Court stated in Encino Motorcars, LLC v. Navarro, 138 S. Ct. 1134 (2018), in separate cases, the U.S. Court of Appeals for the Second Circuit concluded that door-to-door salespersons for an energy supply... Read More

March 27, 2018

FLSA Amendment Bars Employers from Retaining Tips But Removes DOL Prohibition on Tip Sharing

March 27, 2018

An amendment to the Fair Labor Standards Act (FLSA) in the omnibus budget bill, “Consolidated Appropriations Act, 2018,” passed by Congress and signed by President Donald Trump on March 23, 2018, provides that an employer “may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any... Read More

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See AllBlog Posts by Noel P. Tripp

Hearst Interns Were “Primary Beneficiaries” of Program and Not Employees, Second Circuit Affirms
December 19, 2017

Several former interns of the Hearst Corporation, one of the world’s largest magazine publishers, were just that: unpaid interns, not employees entitled to minimum wage or overtime under the FLSA, the Second Circuit has held.  Wang v. Hearst Corp., 2017 U.S. App. LEXIS 24789 (2nd Cir. Dec. Read More

Second Circuit Makes it Official (Again): FLSA Claims are Subject to Arbitration
December 18, 2017

Stating unequivocally what it previously had assumed, the Court of Appeals for the Second Circuit recently held that FLSA claims are arbitrable, notwithstanding the requirement that FLSA litigation settlements be “supervised.”  Rodriguez-Depena v. Parts Authority Inc., 2017 U.S. App. LEXIS 24995 (2nd Cir. Dec. Read More

Governor Cuomo Contemplating Elimination of Tip Credit
December 18, 2017

Employers in New York currently are permitted to pay tipped workers a direct cash wage that is below the State minimum wage and take a “credit” for some of the tips received by employees to satisfy the difference between the cash wage paid and the full minimum wage.  For example, in New York City beginning...… Read More