any employees in Massachusetts and throughout the country receive commissions and bonuses as part of the wages that they earn at work. In Massachusetts, for an employee to be entitled to recover unpaid commissions under the Massachusetts Wage Act, he or she must demonstrate that the commissions they claim they are owed are “definitely determined” and have become “due and payable” to the employee.
Generally speaking, this means that the employee must establish that the commissions amount can be determined with reasonable, mathematical certainty, and that any contingencies upon which receipt of the commissions are based have been met. Frequently, this involves proving that the commissions in question have been generated due to the work performed by the employee, that the employer has received the revenue upon which the commissions are based, and that the commission amount can be calculated based upon a formula previously agreed upon by the employee and employer.
Although bonuses are typically not covered by the Massachusetts Wage Act, employees frequently have contractual based rights to recover unpaid bonuses. If you believe you have earned a commission or bonus that has not been paid to you, you should act quickly to recover these amounts.
DO YOU HAVE A QUESTION ABOUT UNPAID COMMISSIONS OR BONUSES?
On June 26, 2017, in a case of first impression argued by Attorney Adam J. Shafran, the Massachusetts Supreme Judicial Court issued a unanimous 7-0 decision holding that employees who are owed unpaid wages are entitled to recover prejudgment interest at the rate of 1% a month on their unpaid ... Read More
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