News & Analysis as of

Retail Sales Employer Liability Issues

Proskauer - Law and the Workplace

Retail Salespeople Paid on Commission Are Entitled to Overtime and Sunday Pay, Massachusetts SJC Says

On May 8, 2019, Massachusetts’ highest court held that retail salespersons who are paid entirely on a commission or draw basis, may nevertheless be entitled to additional overtime or pay for work on Sundays. The Supreme...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Provides Clarification On Legality Of Draw-On-Commission Policy

Last month, the Sixth Circuit revived a lawsuit brought under the Fair Labor Standards Act (“FLSA”) alleging that a retailer’s commission policy was unlawful in Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (6th Cir....more

Mintz - Employment Viewpoints

Sixth Circuit Draws the Line: Draws on Future Commissions and Post-Termination Payback Policies

Employers beware. A recent case serves as a reminder as we wind down the calendar year that employers should closely review their policies and procedures applying to employees paid on a 100% commission or draw basis. In Stein...more

Foster Garvey PC

Predictable Work Schedules: Oregon Blazes a Trail

Foster Garvey PC on

Oregon is poised to become the first state in the country to require larger food service, retail and hospitality employers to provide their hourly workers predictable schedules – or to pay the price. This is the second of two...more

Alston & Bird

Sales Tax Complexities of Customer Loyalty Programs

Alston & Bird on

These days almost every business has some type of loyalty or reward program. At the heart of these programs, a business is trying to reward or incentivize its customers for certain consumer behavior. Not surprisingly, the...more

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