Help Wanted: Threat could land boss in hot water
State labor law makes it illegal to retaliate against a worker who complains about a possible violation, such as an unpaid commission. Credit: iStock
But first things first. Whether the company has to pay him the commission depends on the terms of the commission agreement. If the terms show he earned it, the company has to pay him. So your husband should double-check the agreement. If he feels the agreement supports paying him, he should call the state Labor Department at 516-794-8195.
As for the threatened retaliation, state labor law clearly states it is illegal to retaliate against an employee who complains to his or her employer or to the Labor Department about a possible labor law violation.
The law "makes it illegal for employers to discharge, penalize or in any manner discriminate or retaliate against an employee" for such things. If that happens, he should contact the Labor Department right away.
As with any regulation, this one has big exceptions. This regulation doesn't apply to exempt employees who earn more than $900 a week. The regulation notes that those employees work in executive, administrative or professional jobs. Also excepted are farm workers in a business not connected to a factory.
For more on regulations outlawing retaliation against employees who report labor law violations, go to http://bit.ly/HDY9M2
For more on state laws regarding direct deposit go to http://bit.ly/17kG41y
