Massachusetts Resolution Regarding Salaries of Officers
Description
How to fill out Resolution Regarding Salaries Of Officers?
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FAQ
In Massachusetts, a commission is a wage subject to the Wage Act when the amount of the commission has been definitely determined and has become due and payable. Accordingly, an employer's failure to pay a commission which had not yet become due and payable generally does not implicate the Wage Act, and employers
All wages earned by an employee must be paid upon termination, and by definition, commissions are considered wages.
Massachusetts law only allows an employer to reduce wages for a clear and established debt owed to the employer by the employee. The Massachusetts Supreme Judicial Court has stated that a valid wage off-set is one that has involved some form of due process through the court system. In addition, an employer can
An employer can't change an employee's rate of pay without discussing it in good faith and the employee's agreement.
The Massachusetts Wage Act provides that an employer must pay triple damages to employees whom they fail to pay wages. That Act, as the name implies, only applies to wages.
Commissions are a form of wages in California. Under the Labor Code, wages must be paid within a specified time period after they are earned. As previously noted, employees who quit or are terminated typically must be paid their final wages on their last day of employment, or penalties may accrue.
Reducing pay would be a variation of an employees' contract of employment. Employers cannot unilaterally vary a contract of employment. This decision is therefore one the employees in question would need to consent to. They are not obliged to give their consent, and, could take legal action to prevent such a change.
Commission counts towards minimum wage. Your total pay including commission must give you the minimum wage each time you're paid. Your employer must 'top up' your pay if you have not made enough commission to earn the minimum wage.
Massachusetts is the first state to prohibit potential employers from asking about applicants' salary history before making a job offer. Employees are free to share their salaries with potential employers at any time if they so choose but they cannot be compelled to do so.
Your employer cannot reduce your pay without your consent. If your employer tries to reduce your pay without your consent, you have the same options as those above. If your employer asks for your consent to reduce your pay and you do not accept they may opt to terminate your contract on notice.
