News & Analysis as of

Sales Commissions Wage and Hour

McCarter & English, LLP

Massachusetts Passes New Salary Disclosure Law

As summer begins to all but fade into the background, it is a good time to revisit legal compliance with state and federal requirements in the employment context. Massachusetts recently joined the growing wave of states to...more

Fisher Phillips

What Dealers Should Do About the CDK Cyberattack

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The recent cyberattack that took down CDK Global’s software platform has left dealers scrambling to continue operations. While the immediate focus may have been the potential breach of customer data and the ability to...more

Parker Poe Adams & Bernstein LLP

Employees Not Automatically Entitled to Attorneys' Fees Under North Carolina Wage and Hour Act

When litigating claims under the federal Fair Labor Standards Act (FLSA), litigants are aware of long-standing case law that essentially awards a prevailing plaintiff with their attorneys’ fees absent extraordinary...more

Seyfarth Shaw LLP

Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

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We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Rejects Compensation Plan Allocating Commissions to Overtime and Premium Pay

On March 28, 2024, in Sutton v. Jordan’s Furniture, Inc., the Massachusetts Supreme Judicial Court (SJC) upheld a Massachusetts Superior Court decision finding the furniture retailer’s commission-based compensation scheme...more

Constangy, Brooks, Smith & Prophete, LLP

“Workin’ 9 to 5.” Is that still a thing?

If you answered no, then you’d better have the records needed to prove the number of overtime hours worked by your employees and the rates paid for them. If you don’t have the records, then borrowing a rhyme from the legal...more

Seyfarth Shaw LLP

First Circuit Finds Commission Plan’s Windfall Provision Permissible Under Massachusetts Wage Act

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In Klauber v. VMWare, the First Circuit upheld an employer’s use of a provision in its compensation plan that allowed it to modify commissions on certain large or atypical sales. These “windfall” clauses are common in sales...more

Epstein Becker & Green

First Circuit Upholds Employer’s Discretion to Reduce Commission Payments Under the Massachusetts Wage Act

Epstein Becker & Green on

Psychologist Abraham Maslow once observed, “If the only tool you have is a hammer, it is tempting to treat everything as if it were a nail.” That sums up the state of commission litigation under the Massachusetts Wage Act:...more

Genova Burns LLC

Appellate Division Concludes that ABC Test Does Not Apply in Determining Real Estate Agent Employment Status

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In a recent decision in Kennedy v. Weichert Co., the New Jersey Appellate Division concluded that the “ABC Test” under the Unemployment Compensation Law is inapplicable in determining a real estate salesperson status an...more

Jackson Lewis P.C.

Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes

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Although the plaintiff cable technicians, who were paid by the completed job and not by the hour, were covered employees under the Fair Labor Standards Act (FLSA), they nonetheless were bona fide commissioned employees and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Department of Labor and Employment Releases a Slew of New Guidance

​​​​​​​The Colorado Department of Labor and Employment (CDLE) has been busy this summer with the release of several Interpretive Notice & Formal Opinions (INFOs), providing guidance on the evolving landscape of Colorado...more

Jackson Lewis P.C.

Are Non-Emergency Transport Providers Employees or Independent Contractors? Jury Questions Exist, Eighth Circuit Holds

Jackson Lewis P.C. on

Reversing summary judgment in favor of the U.S. Department of Labor (DOL), the Eighth Circuit has held that jury questions exist as to whether the defendant employed drivers who provide non-emergency medical transport...more

Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: The Fair Labor Standards Act (overtime)

Second of two on the FLSA. NOTE FROM ROBIN: In March, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, the second...more

Butler Snow LLP

Texas Supreme Court to Texas Employers: Employee Sales Commission Agreement Terms Better be Clear or Commissions Could be Owed...

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The Texas Supreme Court recently established a “default rule” which, as the dissent puts it, may “threaten the expectations of Texas at-will employers and employees who have agreed to a commission structure but, for whatever...more

McAfee & Taft

'I got fired …. but I still want my commissions'

McAfee & Taft on

Although it involves Texas law, a recent case illustrates the pitfalls that an employer can face when a former employee makes a claim for commissions or compensation after their employment has ended. It also offers...more

Fox Rothschild LLP

The Ugly Side of Salon & Spa Compensation Revisited

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Several years ago, the payment structure for numerous salon and spa employees was turned on its head, as these salons and spas faced liability for paying employees a commission when they were not involved in sales. ...more

Obermayer Rebmann Maxwell & Hippel LLP

New Jersey Supreme Court Could Upend The State’s Real Estate Industry

The notorious “ABC” test continues to rear its head across the nation. This strict, worker-friendly test that is used to determine whether a worker is properly classified as an independent contractor as opposed to an employee...more

Fox Rothschild LLP

Commissions Owed To Employee Depend On The Contract, Notwithstanding That Layoff Was Due To COVID-19 Issues

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I have handled many commission cases, where someone sues, claiming they are owed commissions. The key issue in such cases is to determine if there is a written contract and then to ascertain what the vesting provisions for...more

Jackson Lewis P.C.

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions

Jackson Lewis P.C. on

Relying on the parties’ written employment agreement and compensation plans, a California federal district court held that an at-will employee who was laid off due to COVID-19 could not recover commissions that were not fully...more

Jackson Lewis P.C.

Auto Technicians’ Pay Structure May Have Been Convoluted, But It Was Still A Bona Fide Commission Plan, Seventh Circuit Concludes

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Although the employer’s pay system for its auto repair technicians was complicated and at times redundant, it nevertheless constituted a bona fide commissions compensation method subject to exemption from the overtime pay...more

Locke Lord LLP

Following Removal, Make Sure Your Pleadings Comply with the Federal Rules

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On June 14, 2021, the Fifth Circuit issued a decision providing an important reminder: after a case is removed to federal court, make sure your pleadings comply with the federal rules....more

Robins Kaplan LLP

Financial Daily Dose 3.17.2021 | Top Story: Uber to Reclassify Its 70k British Drivers as “Workers”

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Uber will officially classify its British drivers, all 70,000 of them, as “workers” following a “major legal defeat” for the ride-hailing company in the British Supreme Court last month. The move entitles the drivers to “a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Analyzes ‘Salary’ Test Under Administrative Exemption

Under California law, an employee is exempt from California’s overtime requirements and other wage and hour laws if the person is employed in an administrative capacity. To meet this exemption, California’s wage orders and...more

Jackson Lewis P.C.

Trial Court Properly Applied Rule 68 Offer Of Judgment And Reduced Attorney’s Fee Demand In FLSA Case, Eleventh Circuit Concludes

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The plaintiff sought more than $12,000 in unpaid wages on his FLSA claims, rejected the defendant employer’s Rule 68 offer of judgment of $3,500 on those claims, and then was awarded only $97.20 plus an equal amount of...more

Constangy, Brooks, Smith & Prophete, LLP

Think Your Commission-Only Plan Is Good?

Two of the more complicated areas of California wage-and-hour law involve commission plans and overtime exemptions. Commission plans are complex animals – long gone are the days where Joey gets 5 cents for each widget he...more

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