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ARTICLE · 03 APRIL 2025

N.J. Ruling: Commissions Are Wages Under WPL

Wilson Elser Moskowitz Edelman & Dicker LLP
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In a March 17, 2025, unanimous opinion, the New Jersey Supreme Court held that workers who make commissions are protected by the state wage law.

United StatesEmployment and HR
Victoria Silva
Victoria Silva
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In a March 17, 2025, unanimous opinion, the New Jersey Supreme Court held that workers who make commissions are protected by the state wage law.

Background

Plaintiff Rosalyn Musker's employer began selling personal protective equipment (PPE) in March 2020 as the COVID-19 pandemic was taking hold in the U.S. The plaintiff's employer informed its employees that there would be a different commission schedule for PPE sales based on net revenue instead of gross revenue. Musker eventually sold $32 million in PPE to various states and municipalities. She filed suit against her employer claiming she was entitled to $1.3 million in commissions for her sales of PPE under the New Jersey Wage Payment Law (WPL). The trial judge dismissed the WPL claims, holding that the plaintiff's PPE commissions were not "wages" and the Appellate Division affirmed.

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