Legal Opinion
Pachter v. Bernard Hodes Group, Inc.
Court of Appeals for the Second Circuit
Decided October 12, 2007No. Docket 06-3344-cvPublishedCited by 9 opinions
1Opinion of the Court
B.D. PARKER, JR., Circuit Judge:
We believe that the resolution of this case turns on undecided questions arising under Article 6, section 193 of the New York Labor Law: (1) whether an executive is an “employee,” and consequently covered by its provisions limiting deductions from wages; and (2) when are commissions “earned” and consequently “wages” which are subject only to limited subsequent deductions? We therefore certify these questions to the New York Court of Appeals.
I. BACKGROUND
The facts in this case are essentially undisputed. Bernard Hodes Group, Inc. (“Hodes”) is a recruitment,…
2Cases cited17 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Gottlieb v. Kenneth D. Laub & Co.New York Court of Appeals · 1993
- Wagner v. DerecktorNew York Court of Appeals · 1954
- Paul M. Morris v. Schroder Capital Management International and Schroder Investment Management North America Inc., Docket No. 05-0823-CvCourt of Appeals for the Second Circuit · 2006
- Dean Witter Reynolds Inc. v. RossAppellate Division of the Supreme Court of the State of New York · 1980
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3Cited by9 opinions
- Jaramillo v. Weyerhaeuser Co.Court of Appeals for the Second Circuit · 2008
- Georgitsi Realty, LLC v. Penn-Star Insurance CompanyCourt of Appeals for the Second Circuit · 2012
- Apple Mortgage Corp. v. BarenblattDistrict Court, S.D. New York · 2016
- Cruz v. TD Bank, N.A., Martinez v. Capital One Bank, N.A.Court of Appeals for the Second Circuit · 2013
- Pachter v. Bernard Hodes Group, Inc.Court of Appeals for the Second Circuit · 2008
4 more not listed; retrieve them via the Exa API.