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New York Labor - Article 6 - § 191-A Definitions

Legal Research Home > New York Laws > New York Labor (LAB) > New York Labor - Article 6 - § 191-A Definitions

 
    § 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
  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.

Last modified: February 16, 2012