Sales Commissions

FHFA Proposes Ban On Lender-Placed Insurance Sales Commission And Reinsurance Activities

by BuckleySandler LLP on 4/1/2013

On March 26, the FHFA released a notice seeking comment on certain restrictions it expects Fannie Mae and Freddie Mac (the Enterprises) will put in place with regard to lender placed insurance practices. The FHFA anticipates...more

Recent Decisions Illustrate Strict Interpretation of Massachusetts Wage Act

by Lyndsey Kruzer, Michael L. Rosen, Rebecca Sivitz | Foley Hoag LLP on 3/18/2013

Two recent decisions from Massachusetts courts again highlight the strict requirements of the Massachusetts Wage Act, which details how and when employees must be paid. The cases address the treatment of sales commissions and...more

3 Keys to Drafting Commission Plans to Avoid Wage Act Violations

by Renee Inomata | Burns & Levinson LLP on 3/15/2013

As I mentioned in some of my prior posts, the Massachusetts Weekly Payment of Wages Act (“Wage Act”) poses many challenges to employers due, in part, to the vagueness of its terms, the strict liability it imposes on employers...more

No Sale -- Sales Commissions Violate Anti-Kickback Statute; Prevent Enforcement of Nonsolicitation

by Robert Wolin | BakerHostetler on 3/13/2013

A durable medical equipment (DME) distributor, Joint Technology, Inc., entered into an agreement to pay a salesman commissions ranging from 18 to 22 percent on the volume of his sales. The court held that the salesman did not...more

New Jersey Department of Banking and Insurance Clarifies Restrictions on the Payment of Commissions, Rebates and Other Inducements...

by M. Paige Berry | Saul Ewing LLP on 2/22/2013

The New Jersey Department of Banking and Insurance ("NJDOBI") issued a Bulletin to title insurance companies and producers and to real estate brokers, broker-salespersons and salespersons advising them of the restrictions on...more

Court Grants Summary Judgment For Non-Moving Party In Sales Representative Dispute

by Bryan R. Walters | Varnum LLP on 2/12/2013

When deciding whether to file a summary judgment motion, attorneys should be careful to consider the possibility that the court may choose to enter summary judgment in favor of the non-moving party. This is what recently...more

Employment Law Newsletter: February 2013

by Laura Flynn, Christine Balbo Reed, Steve Werth | Low, Ball & Lynch on 2/11/2013

In this issue: -Inspection of Personnel Records (AB 2674) -Wage Statements (AB1744) -Disclosure of Social Media Passwords (AB 1844) -Criminal History Information Requirements (AB 2343) -Human...more

Inside Sales Exemption Poorly Understood by Many Employers

by Hopkins & Carley on 2/11/2013

Over the past decade, employers have faced a continuing stream of claims alleging that employees have been misclassified as exempt from overtime compensation rules, as well as state laws regarding meal periods and rest...more

Reminder: New Law Takes Effect Regarding Commissioned Employees

by Duane Morris LLP on 2/7/2013

Employers of all sizes and types with employees who perform work in California may want to take heed of this reminder. Our December 6, 2011, Alert advised of several new employment laws enacted that year. If any workers are...more

ERISA: 8th Circuit–Claimant’s Contradictory Statements to SSA Can Be Used To Deny ERISA Disability Claim Involving...

by D. Michael Reilly | Lane Powell PC - ERISA Law on 1/25/2013

What happens when an ERISA claimant submits contradictory statements to the Social Security Administration and the ERISA plan administrator? Can these contradictory statements be used to deny the ERISA claim? YES....more

California Law Soon To Require Written Contracts For Employees Paid On Commission (AB 1396; Cal. Labor Code § 2751)

by Bruce Michael Cross, Lauren T. Howard, Jenica D. Mariani | Perkins Coie on 12/28/2012

On January 1, 2013, all employers with employees in California who are paid by commission will be required to have written contracts with those employees. This law is a significant departure from the previous law, which only...more

Written Commission Contracts Are Now Required For All Commissioned Employees

by Kelly Scott | Ervin Cohen & Jessup LLP on 9/26/2012

Do you have any employees that are paid on a commission basis? If so, do you have a written contract setting forth the terms and conditions by which commissions will be earned and paid? Has the contract been signed by the...more

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