Employer Liability Issues, Sales Commissions, Employment Contract

MA Wage Act doesn’t cover profit-based incentive pay, judge rules

Constangy, Brooks, Smith & Prophete, LLP on 9/9/2025

A recent decision from a federal court in Massachusetts reinforces the narrow scope of the Massachusetts Wage Act as it applies to incentive pay. In Noreke v. Gideon Taylor Consulting, LLC, decided August 14, the court...more

The New Jersey Supreme Court Finds that Commissions Are Wages Under the New Jersey Wage Payment Law

Vedder Price on 3/20/2025

On March 17, 2025, the New Jersey Supreme Court unanimously held in Musker v. Suuchi that commissions are included in the definition of “wages” under New Jersey’s Wage Payment Law (“WPL”). Wages under the WPL are defined as...more

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

Seyfarth Shaw LLP on 4/30/2024

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

What Happens if Bonuses or Commissions are Not Paid in Arizona?

Jaburg Wilk on 2/28/2020

Arizona law with respect to payment of bonuses and/or commissions is not always clear. There are many issues for both the employer and employee to consider. Below is a summary of some of things both parties should consider in...more

Is Employee Out of Commission? Not So Fast, Says Appellate Court

Zuckerman Spaeder LLP on 3/21/2018

When an employer changes its contract with an employee, the change should be communicated clearly—and preferably, in writing. Otherwise, the employer may be at risk of finding that the old terms still control. For example,...more

Courts Will Not Sever Defective Termination Provisions

Bennett Jones LLP on 10/26/2017

North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...more

Fenwick Employment Brief - July 2014

Fenwick & West LLP on 7/23/2014

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in...more

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