N.Y.
Labor Law Section 191-A
Definitions
(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 Jul. 4, 2026).
