United States Second Circuit

In a suit challenging deductions from an employee's monthly commissions, the court certifies questions about Article 6, section 193 of the New York Labor Law to the New York Court of Appeals concerning: 1) whether an executive is an "employee," and consequently covered by the statute's provisions limiting deductions from wages; and 2) when commissions are "earned" and become "wages" which are subject only to limited subsequent deductions.

Appellate Information

• Decided 10/12/2007
• Published 10/12/2007

Judges

• PER CURIAM:, Before:  WINTER, B.D. PARKER, Circuit Judges, OBERDORFER, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Howard J. Rubin, (Raphael Lee, on the brief), Davis & Gilbert, New York, N.Y., for Appellant Bernard Hodes Group, Inc.


• For Appellees:
  
• Salvatore G. Gangemi, Gangemi Law Firm, New York, N.Y., for Appellee Elaine Pachter.