Second Circuit Certifies Questions to the NY Court of Appeals

Last week, in Pachter v. Bernard Hodes Group, Inc.06-3344-cv, the Federal Court of Appeals for the Second Circuit certified the following questions to the New York Court of Appeals:

• Whether an '"Executive" is an "employee" under Labor Law, Article 6, section 193 and entitled to the protections of that statute?

• In the absence of a governing written agreement, when are commissions "earned" and therefore considered "wages" under sections 191 and 193 thereby rendering most subsequent deductions unlawful?

Hat tip:  Second Opinions