At oral arguments in a Wage Payment Law case Monday, the New Jersey Supreme Court weighed whether a more than $1 million payment to a sales rep would qualify as commission, or as a supplementary incentive, which would bar the plaintiff from recovering 200% of lost wages and attorney costs and fees.

Plaintiff Rosalyn Musker has been fighting her former employer in the state’s court since filing suit in Musker v. Suuchi in September 2020 over $1.3 million in commissions she claims she is owed. Suuchi, a software sales company, sold personal protective equipment during the pandemic. Musker was a salaried and commissioned salesperson for the company, and sold $32 million worth of PPE.