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Can Commissions be Paid Monthly or Quarterly?

The Wage Act explicitly applies to commissions "when the amount of such commissions, less allowable or authorized deductions, has been definitely determined and has become due and payable to such employee."  

Cases interpreting this language have said that a commission is "due and payable" where all contingencies to earning the commission have been met and the commission is arithmetically determinable.

Historically, this issue has mostly come up in the context of payment of commissions at termination.  Whether a system of paying commissions monthly or quarterly violates the weekly/bi-weekly requirements in the Wage Act did not get a lot of attention, because it was assumed that damages for that late payment- so long as it was in fact made- would only be the interest on the delayed sums.

Recently, however, the Massachusetts Supreme Judicial Court has held that late payment of wages still subjects an employer to triple damages, even if the wages are ultimately paid before a lawsuit is filed.  That decision dealt with vacation pay at termination, but the same analysis could easily apply to chronically late payments of commissions.

If you are paid commissions on a monthly, quarterly, or even annual basis, you might want to consult an employment lawyer to determine whether this is a lawful practice or not.


Learn more here about damages for untimely payment of wages under the Massachusetts Wage Act.

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  • Home
  • About
    • Slnlaw Offices
    • Fees and Payment
    • Privacy Policy
    • Publications and Interviews
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Andrew Silvia
    • Elijah Bresley
  • Reviews
  • Contact
  • Blog
  • Employment Law Solutions
    • Employment Law MA
    • Discrimination in the Workplace
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Legal FAQs
    • Estate Planning FAQs
    • Probate FAQs
    • Small Business FAQs
    • Wage Act FAQs
    • Commission Pay FAQs
    • Overtime FAQs
    • Independent Contractor FAQs
    • Non Compete FAQs
    • Employment Discrimination FAQs
    • Employment Termination FAQs
    • Severance Package FAQs
    • Medical Leave FAQs
    • Sexual Harassment FAQs
    • Massachusettts Unemployment FAQs
    • Employer FAQs
    • Civil Lawsuit FAQs