N.Y. Labor Law Section 191-A
Definitions

For purposes of this article the term:

(a)

“Commission” means compensation accruing to a sales representative for payment by a principal, the rate of which is expressed as a percentage of the dollar amount of wholesale orders or sales.

(b)

“Earned commission” means a commission due for services or merchandise which is due according to the terms of an applicable contract or, when there is no applicable contractual provision, a commission due for merchandise which has actually been delivered to, accepted by, and paid for by the customer, notwithstanding that the sales representative’s services may have terminated.

(c)

“Principal” means a person or company engaged in the business of manufacturing, and who:

(1)

Manufactures, produces, imports, or distributes a product for wholesale;

(2)

Contracts with a sales representative to solicit orders for the product; and

(3)

Compensates the sales representative in whole or in part by commissions.

(d)

“Sales representative” means a person or entity who solicits orders in New York state and is not covered by subdivision six of section one hundred ninety and paragraph (c) of subdivision one of § 191 (Frequency of payments)section one hundred ninety-one of this article because he or she is an independent contractor, but does not include one who places orders for his own account for resale.

Source: Section 191-A — Definitions, https://www.­nysenate.­gov/legislation/laws/LAB/191-A (updated Sep. 22, 2014; accessed Apr. 20, 2024).

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Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 191-A’s source at nysenate​.gov

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