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Home > Federal Law Articles > FLSA > FLSA - Commissions

Articles Discussing Commissions Under the FLSA.

Cable Technicians Were Exempt Commissioned Employees, Fifth Circuit Concludes

Posted: August 29, 2022 | Jackson Lewis Category: FLSA - Commissions

Although the plaintiff cable technicians, who were paid by the completed job and not by the hour, were covered employees under the Fair Labor Standards Act (FLSA), they nonetheless were bona fide commissioned employees and therefore exempt from the overtime requirements of Act, the Fifth Circuit Court of Appeals recently

Mandatory Gratuities Are Not “Tips” But May Qualify as Commissions Under the FLSA, Fourth Circuit Holds

Posted: December 9, 2020 | Jackson Lewis Category: FLSA - Commissions

Agreeing with the district court, the Court of Appeals for the Fourth Circuit has concluded that the mandatory service charges imposed by a restaurant on dining parties of six or more were not “tips” under the FLSA. However, the Court of Appeals reversed and remanded the trial court’s determination that

New DOL Guidance Expands Eligibility for the Commissioned Employee Overtime Exemption

Posted: September 3, 2020 | Littler Category: FLSA - Commissions

Under the Fair Labor Standards Act, retail or service establishment employees can be exempt from overtime pay requirements if they are paid more than one and a half times the minimum wage and more than half of their compensation is comprised of commissions on goods or services (“commissioned employee”

National Appliance and Electronics Retailer’s Sales Commission Policy Was Lawful – For the Most Part, Sixth Circuit Rules

Posted: November 15, 2017 | Jackson Lewis Category: FLSA - Commissions

In what may be viewed as a pyrrhic victory, now-defunct[1] “big box” electronics, appliance and furniture retailer hhgregg’s commission-with-draws compensation program generally was lawful under the FLSA, the Sixth Circuit Court of Appeals has held. However, its policy holding employees liable for any unearned draw payments upon termination of employment would violate the Act. Stein v. hhgregg, Inc., 2017 U.S. App. LEXIS 19908 (3rd Cir. Oct. 12, 2017). The Sixth Circuit has jurisdiction over Kentucky, Michigan, Ohio and Tennessee.

Commissioned Sales Employee Not Entitled To Commission Payment Under The Plain Language Of Incentive Compensation Plan

Posted: July 15, 2015 | Jackson Lewis Category: FLSA - Commissions

This blog has stressed (most recently here and here) the importance of carefully drafting incentive compensations plans to avoid unintentionally converting incentive compensation into earned “wages” protected under state law. Another recent decision, this one from the Court of Appeals for the Seventh Circuit reinforces the employer benefits of careful drafting. Lawson v. Sun Microsystems, Inc., 2015 U.S. App. LEXIS 11201 (7th Cir. June 30, 2015).

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FLSA Article Index

  • FLSA – Breaks (8)
  • FLSA – Commissions (5)
  • FLSA – Employees Covered (49)
  • FLSA – Employers Covered (6)
  • FLSA – Federal Minimum Wage (106)
  • FLSA – General (188)
  • FLSA – Holiday Pay, Gifts, Bonuses (9)
  • FLSA – Hours Worked (52)
  • FLSA – Industries and Occupations (87)
  • FLSA – Minimum Wage, State Issues (22)
  • FLSA – Overtime Exemptions (193)
  • FLSA – Overtime, General (52)
  • FLSA – Record Keeping (3)
  • FLSA – Retaliation (4)
  • FLSA – Taxes (12)
  • FLSA – Waiver and Release (2)

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