Commission Reduction Permissible Where Expressly Authorized by Agreement

An Appellate Division, First Dept. panel recently upheld the trial court’s dismissal of plaintiff’s claims alleging violations of Labor Law §§ 191 and 193.  The offer letter that granted plaintiff an entitlement to be paid commissions also provided that the commission rates were those “reasonably expected to be paid” and “may be modified at any time” by plaintiff’s employer.  “Accordingly, the reduction of plaintiff’s commissions did not violate the letter contract or Labor Law §§ 191 and 193”.  Cuervo v. Opera Solutions LLC, 2011 NY Slip Op 06197 (App. Div. 1st Dept. Aug. 11, 2011).

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