Labor Law 191-C — Legislation
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SECTION 191-B
Contracts with sales representatives
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ARTICLE 6
Payment of Wages
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Cash payment of wages
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SECTION 191-C
Payment of sales commission
Labor (LAB) CHAPTER 31, ARTICLE 6
§ 191-c. Payment of sales commission. 1. When a contract between a
principal and a sales representative is terminated, all earned
commissions shall be paid within five business days after termination or
within five business days after they become due in the case of earned
commissions not due when the contract is terminated.
2. The earned commission shall be paid to the sales representative at
the usual place of payment unless the sales representative requests that
the commission be sent to him or her through the mails. If the
commissions are sent to the sales representative by mail, the earned
commissions shall be deemed to have been paid as of the date of their
postmark for purposes of this section.
3. A principal who fails to comply with the provisions of this section
concerning timely payment of all earned commissions shall be liable to
the sales representative in a civil action for double damages. The
prevailing party in any such action shall be entitled to an award of
reasonable attorney's fees, court costs, and disbursements.