In First Published Ruling, Court Says Commissions Not Covered by Wage Payment Law
"Like the Wage Payment Law, the company's compensation policies and its March 2020 initiative addressing PPE sales are not a model of clarity," Appellate Division Judge Jack Sabatino wrote.
June 24, 2024 at 03:29 PM
5 minute read
Wage and Hour Litigation
A New Jersey appeals court ruled that a dispute over incentive payments for bulk sales of personal protection equipment during the COVID-19 pandemic is not subject to state statutes providing for fee shifting and 200% liquidated damages.
The appeals court rejected claims by an employee who sold $32 million worth of protective equipment from China to New York that her commissions fall under the state's Wage Payment Law.
Citing emails issued by the company in 2020, the appeals court ruled that commissions earned by the employee on protective equipment are categorized as supplementary incentives and are not wages.
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