News & Analysis as of

Wage and Hour › Sales Commissions › Employment Contract

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

Parker Poe Adams & Bernstein LLP

Commission Plans Should Address Salespersons' Departure

Parker Poe Adams & Bernstein LLP on

When a commissioned salesperson leaves employment, the most common dispute we encounter involves that employee’s entitlement to payment of commissions after their departure date. ...more

Vedder Price

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

Vedder Price on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Jaburg Wilk

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

Jaburg Wilk on

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

Zuckerman Spaeder LLP

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

Zuckerman Spaeder LLP on

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

Bennett Jones LLP

Courts Will Not Sever Defective Termination Provisions

Bennett Jones LLP on

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

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