New Jersey Lawyers BlogNew Jersey Employment Law Decision Addresses When Commissions Are Part of “Wages” for New Jersey Wage Payment Law
New Jersey wages are governed by a set of laws: the New Jersey Wage and Hour Law, the Wage Collection Law, the Wage Theft Act, and the Wage Payment Law. These New Jersey employment laws govern the amount and timing of wages owed to New Jersey employees. A New Jersey appeals court issued a precedential decision on when commissions must be paid under the Wage
Payment Law, which governs when wages must be paid, in the case of Musker v. Suuchi, Inc.
Background
Rosalyn Musker was employed as a senior platform delivery manager by Suuchi, Inc. Part of her compensation was commissions on the gross revenue from sales of software, software related services, and related subscriptions for apparel manufacturers. These sales were governed by a company commission plan. The commission plan contemplated continuing revenue streams. Only revenue from these sources, and no others, was governed by the commission plan.