United States Second Circuit

In a claim brought by former employee-plaintiff challenging legality of deductions under Article 6 section 193 of the New York Labor law taken by employer-defendant, decision in favor of plaintiff is reversed and remanded after answers by New York Court of Appeals to certified questions resolved the case, where: 1) because New York Labor Law Article 6, section 193 includes executives unless otherwise excluded, plaintiff is covered; however, 2) plaintiff's cause of action fails because it is undisputed that plaintiff knowingly acquiesced over a period of years to the approach used by defendant when calculating her commissions, conduct that constituted an implied agreement between parties; and 3) as an implied agreement does not violate "section 193 nor any other provision of article 6 of the Labor Law," the deductions in question did not violate that provision.

Appellate Information

• Decided 09/05/2008
• Published 09/05/2008

Judges

Court

• United States Second Circuit

Counsel