Q. Are
there requirements for the payment
of sales commissions contained
in the New York State Labor Law?
A. Yes.
New York State Labor Law section
191(1)(c) requires that the payment
of commissions to salespersons
be in accordance with the terms
of an agreement between the employer
and employee, but payments must
be at least once a month and not
later than the last day of the
month following the month in which
the commissions are earned. If
regular monthly commissions or
incentive earnings are "substantial,"
then the additional earnings can,
by agreement, be paid less frequently
than once a month.
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