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PACHTER v. BERNARD HODES GROUP, INC.

Docket No. 06-3344-cv.

505 F.3d 129 (2007)

Elaine PACHTER, Plaintiff-Appellee, v. BERNARD HODES GROUP, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 12, 2007.

Attorney(s) appearing for the Case

Howard J. Rubin, (Raphael Lee, on the brief), Davis & Gilbert, New York, N.Y., for Appellant Bernard Hodes Group, Inc.

Salvatore G. Gangemi, Gangemi Law Firm, New York, N.Y., for Appellee Elaine Pachter.

Before WINTER, B.D. PARKER, Circuit Judges, OBERDORFER, District Judge.

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...

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