Plaintiff commenced a class action to recover compensatory liquidated damages on a wage claim pursuant to subdivision 1-a of section 198 of the Labor Law. Plaintiff was a route delivery salesman for defendant, employed on a salary and commission basis. Defendant has a complicated wage system for such salesmen whereby each is responsible for collecting third-party checks, and each is responsible for all bad checks. Any shortage remaining after a recoupment effort by a salesman...
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