Wage and Hour, Sales Commissions, Unpaid Wages

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

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

Parker Poe Adams & Bernstein LLP on 5/24/2024

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/30/2024

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

The Supreme Court of Ohio Rules That Defendants Need Not Plead An Arbitration Defense To Defeat Class Certification

Seyfarth Shaw LLP on 8/20/2019

Seyfarth Synopsis: Complex class actions often present a scenario in which some or most of the putative class members are subject to arbitration agreements, but the named plaintiff is not. In Gembarski v. PartsSource, Inc.,...more

What Does Your Minnesota Business Need to do to Comply with Minnesota’s new Wage Theft Law?

Cozen O'Connor on 7/1/2019

Starting today, Minnesota has one of the toughest wage theft laws in the country. The civil portions of Minnesota’s new Wage Theft Law, effective July 1, 2019, require employees to take the following additional actions...more

When is a “Bonus” Really a “Commission”? A Helpful Reminder to Ensure Your Pay Plans Comply with State Laws

Foley & Lardner LLP on 7/3/2018

In the past, we have highlighted some of the legal risks of employing commission-based employees, as well as some of the methods for limiting those risks. A new court decision out of Illinois provides a good reminder that...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

Sales Commission Agreements Can Limit Potential Liability

Foley & Lardner LLP on 11/22/2017

A manufacturing company’s sales employee successfully convinces a new customer to purchase a commercial cooler. Under the employee’s sales commission plan, she receives a commission of 2% of the price of the cooler and any...more

Class Action Suits Against Massachusetts Car Dealers on the Rise

Mintz on 7/15/2017

Spurred by a recent change in a Massachusetts wage and hour regulation, plaintiffs’ attorneys are aggressively pursuing class action lawsuits seeking unpaid overtime premium pay on behalf of car salespeople across the...more

Key California Employment Law Cases: February 2017

Payne & Fears on 4/18/2017

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

Connecticut Supreme Court Reaffirms the Right of an Employer to Determine When Commissions Are Paid

Pullman & Comley - Labor, Employment and... on 8/22/2016

As a general proposition, under Connecticut law an employer has the right to determine the wage that will be paid for work performed by an employee, subject to basic requirements such as minimum wage or overtime. For wages...more

Wage and Hour › Sales Commissions › Unpaid Wages

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