Category: Commissions

Commissions and Profit Sharing

The United States Court of Appeals for the First Circuit recently decided the Wage Act commissions case, Ellicott v. American Capital Energy, Inc., No. 17-1421 (1st Cir. 2018).  This case is interesting for a few reasons, but I’ll address two here.…

Company Discretion and Employee Commissions

Oftentimes, neatly tucked away in a commission plan is some language that allows an employer complete discretion in administering, changing, interpreting, or cancelling the plan. On this point, an interesting case was just decided in the United States District Court…

Unpaid Sales Commissions in Massachusetts

The Massachusetts Wage Act, which provides plaintiffs with triple damages and attorneys’ fees for successful unpaid wage claims, also applies to commissions. M.G.L. c. 149, s. 148 states: This section shall apply, so far as apt, to the payment of commissions…

Wage Forfeiture and Valid Set-Offs in Massachusetts

Generally, any contractual provision that requires an employee to forfeit earned wages is a “special contract” prohibited by the Massachusetts Wage Act, M.G.L. c. 149, § 148. As the Attorney General has put it, “an employer may not enter into…

Introductory Post from a Massachusetts Wage Lawyer

I’m a little late with this introductory post, but now that this page has garnered a bit of readership, I figured I would take a moment to introduce myself. My name is Nicholas Ortiz. I graduated from Vanderbilt University and…

Are Bonuses Wages in Massachusetts?

As I wrote previously, the Massachusetts Appeals Court recently decided the case of Suominen v. Goodman Industrial Equities, 78 Mass. App. Ct. 723 (2011). In Suominen, the plaintiff was a former construction manager of a small real estate development firm and was…

Bonuses and Commissions under the Wage Act

It matters a great deal whether a certain type of pay is covered by the Massachusetts Weekly Payment of Wages Act (“Wage Act”). If a type of unpaid compensation is covered by the Wage Act, an employee is entitled to…