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· 6/10/2008

Pachter v. BERNARD HODES

Citations

  • 891 N.E.2d 279
  • 10 N.Y.3d 609
  • 861 N.Y.S.2d 246

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the legality of a deduction often “depends on when” a commission is deemed “earned” and thus deemed a “wage” under the parties’ express or implied agreement
  • explaining “it is well settled that parties to a transaction are free to . . . enter[] into a different arrangement” governing when a bonus will “be deemed ‘earned’ or vested”
  • “executives are employees for purposes of Labor Law article 6, except where expressly excluded” (footnote omitted)
  • “[W]hen a commission is ‘earned’ and becomes a “wage’ for purposes of [the New York wage-payment statute] is regulated by the parties’ express or implied agreement....”
  • “Article 6 of the Labor Law regulates the payment of wages by employers.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaye and Judges Ciparick, Read, Smith, Pigott and Jones Concur

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.