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  • Commissions

    Morning,

    Regarding NY State laws, what is the law regarding commissions being owed to an employee that has left? The policy is to wait 90 days or until any open invoices have been paid in full. The employee was also paid as a 1099. Thank you.

  • #2
    New York Commissions

    New York says: "How often must employees be paid?

    New York law requires that all private sector employees, except for those who are employed in an executive, administrative or professional capacity and earn more than $600 per week be paid in a timely manner. Manual employees must be paid every week, and the wages for any week's work must be paid not later than seven days after the end of that week. Clerical and other employees must be paid at least twice a month. Commission salespersons must be paid their wages and commissions at least once each month, and not later than the last day of the month following the month in which the wages and commissions were earned."

    You say that the salespersons are 1099. That means that they are not employees but independent contractors. You can read more about the factors needed in order to determine whether someone is truly an independent contractor at: http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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