Legal Question in Employment Law in Massachusetts

withholding pay

Can my employer not pay my commision for a job sold based on a change in how they much advance notice they have decided they now want?


Asked on 10/25/07, 12:08 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: withholding pay

Under certain circumstances, commissions are considered "wages" under the Massachusetts Wage Act.

Generally, commissions must make up a substantial part of your compensation. Furthermore, to be payable, the commission must be definite, calculable, and all contingencies for payment must have occurred.

Did the company change its commission policy after you had made the commission, or prior thereto? I'm not sure what you mean in your question by advance notice.

Please feel free to contact me if you have further questions.

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Answered on 10/25/07, 7:54 am


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