We recently reported that the Massachusetts Supreme Court ruled that salespeople who are paid on a 100% commission basis are entitled to separate additional payments at 1 ½ half times the minimum wage for overtime and Sunday hours.
A Superior Court, in a separate case, has now held that decision must be applied retroactively.
Why This Is Important… This new decision means any employer of 100% commission paid employees is now liable to pay separate additional payments at 1 1/2 times the minimum wage for overtime and Sunday hours retroactive for the last three years. If a litigation is brought, the amount due is tripled.