In Massachusetts, earned sales commissions are considered wages.  The wage laws treat commissions like any other type of wage, such as hourly wages or a salary.   Commissioned sales employees have all the same protections under the Massachusetts Wage Act that all other employees do. So, when you make a sale and are entitled to a commission, the commission that is owed to you is protected by the Wage Act.

Does the type of sale matter? 

No.  What you are selling does not change the fact that an earned commission is a wage.  Whether you are selling high-tech computer programs or construction equipment and entitled to a commission, you are protected by the Wage Act.

Does the amount of the commission matter?  

No. Whether your commission is $100, $1,000, or $100,000 it is still considered a wage in Massachusetts.  All earned commissions, no matter how big or small, are wages that must be paid by your employer.

What if my employer fails to pay me my commission?

If your employer fails to pay you your earned commissions, you have a right to bring a lawsuit under the Massachusetts Wage Act and win three times your unpaid commissions. However, whether a commission has been “earned” under the Wage Act can be a complicated legal analysis that involves the interpretation of your written sales plan or employment contract in relation to the facts pertaining to the sale. 

What you can do to protect yourself.

We have successfully handled commission cases for our clients here in Massachusetts.  Our firm can conduct the legal analysis to determine if you are owed commissions and then pursue those commissions in court.  You have a limited time period under the Wage Act to bring a legal claim.  Any delay in seeking legal help could result in the loss of your rights.

If you are in Massachusetts and your employer isn’t paying your earned sales commissions, our firm may be able to help. If you’d like to discuss your situation, Contact Us, the consultation is completely confidential.

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