Monthly Archives: May 2019

Recent Massachusetts Supreme Judicial Court Case Rules That Employers Must Pay Overtime to Commission-Only Retail Employees

On May 8, 2019, the Massachusetts Supreme Judicial Court (SJC) ruled in Sullivan v. Sleepy’s LLC that commission-only retail salespeople are entitled to additional compensation for overtime and Sunday work. Retail sales employees of Sleepy’s were compensated solely by commissions and paid recoverable draws against those commissions of $125 per day. Although the employees’ commissions, recoverable draw and earned commissions over the draw exceeded the minimum wage and one and one-half times the minimum wage when the employees worked overtime or Sunday, the SJC held that the employees were entitled to additional amounts for overtime and Sunday premium pay. In reaching its conclusion, the Court reasoned that Massachusetts law prohibits the retroactive crediting of payments made for one purpose (i.e., commission compensation for hours worked) towards the entirely separate purpose of time and one-half for overtime hours and Sunday pay. In the Sleepy’s case, the draw plus commission compensation system did not provide the necessary extra compensation.

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Changes to the Sale of Land Act 1962 (Vic)

Developers and vendors in Victoria should be aware of new changes to the Sale of Land Act 1962 (Vic) (Act).

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Talking Tax – Issue 158

The business continuity test: when is a new business sufficiently similar to its predecessor?

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Using Sales Data To Improve Your Business Development

While I’m out of the office this week for our Annual Conference, I’m bringing you a guest post from Vince Robisch, of Minimalex – Vince coaches attorneys on improving their business development process to bring in more corporate clients. He practiced at an AmLaw 200 firm for eight years, and has sold millions of dollars of products and services to corporate legal departments and law firms, an experience that helps him to understand his clients and their clients. He currently coaches attorneys from specialized boutiques to some of the largest firms in the United States. You can learn more at his website. Vince is using the dreaded “s” word today – sales – to talk about an important topic, that of business development. It turns out that data helps your business. Who knew?

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Minimum Wage Increase 2019

The Fair Work Commission’s Expert Panel for annual wage reviews (Panel) has today published its annual wage review under the Fair Work Act 2009 (Cth).

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Investigating alleged misconduct may not constitute ‘discipline’

A District Court judge has dismissed an appeal by an employer which was found liable for a worker’s stress injury, in relation to an issue of whether there had been ‘discipline’.

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Russia’s Constitutional Court has explained, which payments are not included in the minimum wage

In its Ruling of April 20191 the Constitutional Court has explained that payments for work under deviant conditions cannot be included in the minimum wage amount. In particular, it concerns payments for the following work:
  • overtime;
  • night work;
  • work in weekends and public holidays.

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University of Limerick Acquires Former Dunnes Stores Site for €8 million

We are acting for the University of Limerick in the acquisition of a strategic Limerick city centre site to develop a city centre campus.

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Financial Services in Focus – Issue 25

Funds and financial products

ASIC consults on lifting standards and transparency of complaints handling

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Cryptocurrency tax reviews are here… are you prepared?

The ATO’s recently announced cryptocurrency data matching program continues its steady push into working out how to apply the tax laws to cryptocurrency. It also has the potential to cause some panic among those involved in cryptocurrency dealings.

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