1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 10 N.Y.3d
  5. 10 N.Y.3d 609 (2008)
 

PACHTER v. BERNARD HODES

10 N.Y.3d 609 (2008)

891 N.E.2d 279

861 N.Y.S.2d 246

ELAINE PACHTER, Respondent, v. BERNARD HODES GROUP, INC., Appellant.

Court of Appeals of the State of New York.

Decided June 10, 2008.

Attorney(s) appearing for the Case

Davis & Gilbert LLP, New York City (Howard J. Rubin, Allie Lin and Laurie E. Morrison of counsel), for appellant.

Gangemi Law Firm, P.C., New York City (Salvatore G. Gangemi of counsel), and O'Hare Parnagian LLP (Robert A. O'Hare Jr. of counsel), for respondent.

Morgan, Lewis & Bockius LLP, New York City (Samuel S. Shaulson of counsel), for Securities Industry and Financial Markets Association, amicus curiae.

Morgan, Brown & Joy, LLP, Boston, Massachusetts (Diane Saunders and Laura M. Raisty of counsel), and McCarter & English, LLP, New York City (Richard P. O'Leary of counsel), for National Retail Federation, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

The United States Court of Appeals for the Second Circuit has certified two questions to this Court concerning the scope of protections afforded by article 6 of the Labor Law. We hold that an "executive" falls within the ambit of the protections afforded to "employees" under sections 190 and 193 of the Labor Law, and that the determination of when a commission is earned is governed by the parties' express or implied agreement...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases