New York State's New Laws on Commission Pay for Employees
Crafting Employment Agreements and Commission Structures to Commission Structures to Comply with Tougher Legal Requirements
Does New York Law Make Employers More Vulnerable to Other New York State and Federal Labor Laws?
Recording of a 90-minute CLE webinar with Q&A
- What are the elements of an acceptable written employment agreement?
- Enforceable at-will termination clauses
- Proper definition of when commission is earned
- Proper subtraction of expenses from commission
- Retroactive protection from past mistakes
- Requiring commission confirmation on receipt
- What terms should be avoided in a written employment agreement?
- Terms leading to wage/overtime/tax liability
- One-way clauses
- Implied guarantees of employment
- Impermissible deductions from commission
- Improper forfeiture provisions
- How can employers protect themselves and still run their business?
- Properly utilizing outside sales exemptions
- Avoiding the outside sales “trap”
- Establishing the administrative exemption
- Paying salary and/or minimum wage through commissions
The panel reviewed these and other key questions:
- What does New York's new commission pay law require of employers assigning commission-based sales employees to the state?
- What provisions are generally acceptable in the written employment agreement — and what terms should be avoided?
- What can employers do during the drafting of commission agreements to protect themselves from future liability?
- How does the new commission pay law interact with existing laws governing pay in New York State?
He assists companies with proactively complying with wage and hour and other labor and employment regulations and... | Read More
He assists companies with proactively complying with wage and hour and other labor and employment regulations and defends against claims of minimum wage and overtime violations.Close
James Edward Fagan, III
He represents and counsels employers regarding wage and hour matters, employment agreements and restrictive covenants,... | Read More
He represents and counsels employers regarding wage and hour matters, employment agreements and restrictive covenants, recruitment, discipline, termination, and compliance with civil rights laws.Close
Shaffin A. Datoo
He represents employers in matters involving discrimination claims, harassment, retaliation, class and collective... | Read More
He represents employers in matters involving discrimination claims, harassment, retaliation, class and collective action wage and hour violations, and breach of non-compete agreements and contracts.Close