Commission Sales Agreement Requirements in New York

Since 2017, New York State has required all employers of commissioned salespersons to prepare a “writing” which contains, at a minimum, the following terms:

The “writing” must be signed by both the employer and the salesperson, and the employer must keep a record of the signed, written document for at least three years. In the absence of such a signed writing, the New York Department of Labor will presume that the commission salesperson’s – not the employer’s – version of the terms of employment is correct.

The New York Department of Labor has published a set of FAQs (full text available here), in which it addresses the following questions:

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