In recent news, the Supreme Judicial Court found Jordan’s Furniture in violation of overtime and Sunday-pay statutes following accusations of a commissions-based compensation scheme. Jordan’s is accused of not providing “separate and additional payments” for overtime and Sunday hours and of “reallocating and crediting payments made to fulfill one set of wage obligations against separate and independent obligations.” The class-action suit was filed by a former employee on behalf of all Jordan’s sales employees who worked more than 40 hours in any week or on any Sunday at one of the Massachusetts stores between 2016 and 2019.
According to the plaintiffs, Jordan’s did not compensate these commission-based employees for overtime and Sunday hours, and the company was also accused of retroactively reallocating and crediting payments. The judge in this case ruled that employers must make “separate and additional payments” to 100-percent commissioned sales employees for every hour worked over forty hours or on a Sunday. It was further ruled that “draws and commissions cannot be retroactively allocated” to meet these requirements.
If you feel you are the victim of wage violation, I encourage you to contact me for a free consultation. Pregent Law is a leading Massachusetts employment law firm ready to serve you.
