Unfair or Unlawful Clawbacks of Commissions
Susannah Mulhearn worked in the Lord & Taylor Eastchester store in Scarsdale, New York, in the Ladies’ and Men’s Shoe Departments. The complaint claims that Lord & Taylor, LLC violated both the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) on several counts relating to overtime pay, minimum wages, and commissions, as well as paying for all hours worked.
It’s frustrating when a person buys something at full price and the item is shortly afterwards put on sale. It’s nice when a company is willing to give the person a refund to make up for this. But does the company then have the right to take back some of the commission the sales associate earned on the sale? The complaint for this class action says that Macy’s West Stores, Inc. cannot take back what they’ve previously paid their sales associates.