Bryan Gennes et al., Respondents-Appellants, v Yellow Book of New York, Inc., Appellant-Respondent. (Index No. 1169/02), 23 A.D.3d 520

Summary

The employees worked as account executives for the employer and were responsible for selling advertising space in the employer's telephone directories. The employees were paid commissions at varying rates for the sales they made and were subject to a deduction from their commissions for every existing account which they were assigned that did not renew a listing. The court held that the trial court properly determined that the deduction of commissions for accounts that were not renewed violated N.Y. Lab. Law § 193, which prohibited a deduction from the employees' wages that had already been earned. The trial court also properly determined that the employees were not entitled to recover under N.Y. Lab. Law § 198-c for vacation pay that had accrued but was unused at the time that the employees were terminated because the agreement that provided for vacation benefits expressly stated that the employees' vacation time did not accrue.