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Claims for unpaid wages, commissions, overtime

Unless the commission was definitely determined at the time the plaintiff left the company, she cannot sue for violation of the Massachusetts Wage Act

The Massachusetts Wage Act requires an employer to timely pay earned wages, including commissions.  The commission must, according to the statute, be “definitely determined.”  For example, in Gallant v. Boston Executive Search Associations, Inc., the plaintiff was a recruiter for an executive search company.  The commission schedule was contingent on the period of time that the employee placed by the plaintiff stayed at the new job.  When the plaintiff left the company, the recruit had not yet worked for the company for the benchmark period.  Thus, the court ruled, the commission could not be arithmetically determinable because the various benchmarks were not reached.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464


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