Employment Litigation, Wage and Hour, Salespersons

California Court of Appeal Clarifies Sick Leave Calculation for Outside Sales Employees

Jackson Lewis P.C. on 8/6/2025

A recent California Court of Appeal decision provides clarity for employers with commissioned outside sales employees. In Hirdman v. Charter Communications, the court confirmed that employers may calculate paid sick leave for...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

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

Epstein Becker & Green on 8/25/2023

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

Court Rules Outside Salesperson Exemption Turns on Employer Control

Ervin Cohen & Jessup LLP on 4/4/2023

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

Beware of the Wage Act – Review Pay Plans for Commission Based Inside Salespersons and Stay Alert for Future Claims

Conn Kavanaugh on 11/14/2019

In early May, the Massachusetts Supreme Judicial Court held that 100% commission-based inside salespersons are entitled to separate, additional overtime pay and premium pay for Sunday work. The decision, Sullivan v. Sleepy’s...more

Massachusetts Supreme Court Rules Commission-Only Retail and Inside Salespeople are Entitled to Separate Overtime and Sunday...

Harris Beach Murtha PLLC on 5/17/2019

In a case of first impression, the Massachusetts Supreme Judicial Court has found that, under Massachusetts law, retail and inside sales employees, paid entirely on a commission or draw basis, are entitled to separate and...more

When Must Commissions Be Paid?

Fisher Phillips on 7/31/2018

Many wage laws and jurisdictions give deference to employment agreements or even past employer practices when determining when commissions are "earned" by an employee and must be "paid" by an employer. As a recent decision...more

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