In New York, many employees are paid in the form of commissions, or a salary combined with commissions. Commissions are required by law to be paid to employees within a certain time period. If your employer has failed to pay your commissions within a reasonable time period, you should contact the attorneys at Xue & Associates, P.C. to explore your rights - you may have a claim for unpaid wages or commissions.
New York law also requires commission agreements to be memorialized in writing and signed by both the employee and employer. There are certain terms that must be included in the agreement, such as how commissions and wages are calculated, the frequency of payment, the amount, if any, of a draw, and payment of commissions and wages in the event of termination or resignation. If such terms are not included in an agreement, courts will likely favor the employee's recollection of the terms.
Employees should ensure they completely understand the terms of a commission agreement before signing. Courts will look to the language of a written agreement to determine when a commission is actually earned. Therefore, it is important to have an experienced attorney at Xue & Associates, P.C. review your agreement before signing to ensure you are not unclear about its provisions.
Additionally, commissioned employees are likely entitled to overtime pay if you work over 40 hours in a week. This may be the case even if you are highly paid.
Call 212-219-2275 or use the contact form on this website to schedule an appointment. We assist workers from all five New York City boroughs as well as New Jersey.
The material contained in this website is for informational purposes only and is not to be considered legal advice. A lawyer-client relationship is not created by visiting this website. Prior results do not guarantee a similar outcome.
