Co-authored by Kerry Friedrichs and Kyle Petersen
Seyfarth Synopsis: A common feature of many a commission plan is the recoverable draw that is offset against future commissions. The DOL has long held this is a permissible way to satisfy the minimum wage requirement. In a recent decision, the Sixth Circuit agreed, up to a point—the point of termination.
Continue Reading Sixth Circuit Cries Foul on Post-Termination Repayment of Recoverable Draw
Co-authored by Kara Goodwin and Noah Finkel
The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling service solutions to the dealership’s customers—are exempt from the Fair Labor Standard Act’s (“FLSA”) overtime pay requirements. Although the case involves a somewhat-discrete exemption that has
Continue Reading Meowing Dogs and Barking Cats: Supreme Court’s Grant of Cert on Exempt Status of Automobile Service Advisors May Result in Reminder that Exemptions Are Functional and Flexible
Authored by Caitlin Ladd
Employers with commissioned employees will be pleased with a new decision finding that Morgan Stanley Smith Barney’s approach to commission calculations was not an improper deduction from wages under the New York Labor Law.
MSSB’s compensation structure allows its Financial Advisors to select from a variety of formulas, all of which provide for fixed business development
Continue Reading How Big Is Your Business Development Budget? Court Finds Employee Spending Beyond Fixed Allowance Voluntary While Trimming NY Wage Deduction Claim