Unpaid Sales Commissions in New York: What the Law Says and How to Fight Back
Updated: 16 hours ago
Updated October 21, 2026
You Did the Work. Now the Company Won’t Pay You.
You found the client, made the pitch, and closed the deal. You held up your end of the bargain. Then payday comes — and your commission is short, delayed, or missing entirely.
This happens constantly in New York. Salespeople, independent reps, financial advisors, real estate agents, and tech sales professionals across the five boroughs and Long Island face this situation every day. Some assume there’s nothing they can do. Others believe the company’s contract language controls everything.
Neither is true. New York has strong, specific laws protecting commissioned workers. If your employer or former company withheld your commissions, the law may allow you to recover more than just the amount you were shorted.
Key takeaways
If you were a W-2 employee, New York treats your earned commissions as wages that must be paid on the same schedule as your salary.
A company hiring an independent sales rep in New York must provide a written contract explaining how and when commissions are earned and paid.
When an independent rep's contract ends, earned commissions are due within five business days, or five business days after any later commission comes due.
Save your commission agreement, pay stubs, emails and texts, and do not delete any messages about your commissions.
Do not wait to get advice, because deadlines apply and the clock starts running when the commission was due.
What Is a Commission Dispute?
A commission dispute arises when a company fails to pay you the commission you earned. In New York, it can look like:
Your employer reduces your commission rate after you close a deal.
The company claims a deal “didn’t count” or wasn’t “finalized” to avoid paying you.
You leave a job, and your employer refuses to pay commissions on deals you already closed.
The company changes the rules mid-stream about when a commission vests.
An independent contractor is fired right before a big commission becomes due.
These disputes are common across industries — real estate, insurance, pharmaceutical sales, finance, tech, manufacturing, and distribution. The pattern is almost always the same: you did the work, the deal closed, and now the company is looking for a reason not to pay.
New York Law Draws a Key Distinction: Employee vs. Independent Contractor
Before diving into your rights, you need to understand whether you were a W-2 employee or an independent contractor when you earned the commission. New York law treats these two groups differently but gives strong protections to both.
If You Were a W-2 Employee
Your commissions are “wages” under New York Labor Law § 191. That means your employer must pay them on the same schedule as your other wages. Withholding your commissions is legally the same as withholding your salary.
If your employer violated this, you can file a wage claim with the New York Department of Labor or bring a private lawsuit. In a wage theft case, you may also be entitled to 100% liquidated damages on top of the unpaid amount, plus attorneys’ fees, under NY Labor Law § 198.
Courts protect earned commissions even after the job ends. In Arbeeny v. Kennedy Executive Search, Inc., 71 A.D.3d 177 (App. Div. 1st Dep't 2010), the court held that a written commission agreement could not be read to forfeit commissions the employee had already earned when his employment ended. It explained: "There is a long-standing policy against the forfeiture of earned wages, and this applies to earned, uncollected commissions as well." The court reinstated his breach of contract and Labor Law §§ 191 and 198 claims.
If You Were an Independent Sales Representative
A separate and very powerful set of rules applies. New York Labor Law §§ 191-a through 191-c are specifically designed to protect independent commission sales representatives. These provisions were enacted because independent reps are especially vulnerable. They have no salary to fall back on, and companies often try to terminate them right before a big commission becomes due.
Your Rights Under NY Labor Law §§ 191-a Through 191-c
These three provisions work together to create a comprehensive protection scheme for independent sales reps in New York.
Definitions: What Counts as a Sales Representative (§ 191-a)
NY Labor Law § 191-a defines the key terms. A “sales representative” is a person who solicits orders for products or services and is paid on a commission basis — but who is not an employee (W-2 worker). A “commission” means the compensation earned from a sale, calculated as a percentage of the sale, a flat fee per transaction, or another formula tied to completing a deal.
This definition matters because it determines which rules apply to you. If you are an independent contractor paid on commissions, you fall squarely within this framework. If you are a W-2 employee, you have rights under a different part of the law.
Written Contract Required (§ 191-b)
Under NY Labor Law § 191-b, any company that hires an independent sales rep in New York must provide a written contract spelling out:
How commissions are calculated.
When commissions are earned and when they are due.
The geographic territory or accounts covered.
What happens to commissions if the relationship ends.
If the company doesn’t give you a written contract, or the contract is vague on these points, that can actually work in your favor. A company cannot enforce terms it never clearly disclosed. Courts will often look to the course of dealing between the parties or construe any ambiguity against the company that drafted the agreement.
In our practice, we're seeing more disputes over contracts drafted with AI tools. AI can produce a polished generic contract, but if you don't know what you need it to say, it may leave out the terms that protect you, and that gap has become a real source of litigation.
Payment on Termination — and Significant Penalties (§ 191-c)
NY Labor Law § 191-c sets a hard deadline and backs it up with real consequences.
When your relationship with the company ends (whether you quit, get fired, or the contract expires), the company must pay all earned commissions within five business days of termination or, for commissions not yet due at that point, within five business days after they become due.
This is one of the most commonly violated provisions in New York. Companies routinely try to delay payment, claiming they need more time to “calculate” your commissions. That is not a defense under the law. Five business days means five business days.
Technical excuses do not always hold up either. In Bloom v. Helmsley Spear, LLC, 2025 NY Slip Op 01999 (App. Div. 1st Dep't 2025), an independent agent was granted summary judgment for unpaid commissions plus prejudgment interest. The company argued that he first had to submit a list of pending deals. The court held that the company waived that defense by not pleading it, and that supplying the list was a promise by the agent, not a condition of getting paid.
More importantly, § 191-c provides that a sales representative who prevails in a civil action may recover substantial additional damages (beyond just the unpaid commission amount) plus reasonable attorneys’ fees and costs. This fee-shifting provision is significant. It means that many attorneys will take commission cases on contingency, so you may not have to pay legal fees up front.
The takeaway: New York did not just give sales reps the right to sue for their commissions. It gave them the financial incentive, and an attorney’s help, to do so.
Common Commission Dispute Scenarios in NYC and Long Island
Here are situations that play out regularly in New York courts and in pre-litigation settlement negotiations.
The Manufacturer’s Rep Who Got Cut Out
An independent rep covers Nassau County for a consumer goods manufacturer. She spends years building relationships, grows the territory from zero to several major accounts, and is about to close a massive deal with a regional chain. The manufacturer fires her — and then closes the deal directly, cutting her out of the commission entirely. She may have a claim under NY Labor Law §§ 191-b and 191-c for the commission, and the law allows additional damages and attorneys’ fees.
The Tech Sales Rep With a Moving Target
A SaaS sales rep based in Midtown signs clients to multi-year contracts. Partway through the year, the company “restructures” its commission plan and retroactively reduces his rate on deals already closed. This is a textbook wage violation. If he’s a W-2 employee, those commissions are wages and cannot be retroactively reduced after the deal closes.
The Finance Professional Whose Book Gets Reassigned
A financial advisor at a broker-dealer in Garden City, Long Island spends years building a client book. When she leaves, the firm refuses to pay trailing commissions on accounts she brought in. Whether she has a claim depends heavily on her written agreement. In Kelley v. Bryan Ins. Agency, Inc., 2019 NY Slip Op 7572 (App. Div. 2d Dep't 2019), the court held that "an agreement to continue to pay renewal commissions following the termination of an at-will employment relationship falls within the statute of frauds and must be in writing." The salesperson there had only an oral agreement that did not cover those commissions, so the claim failed. If the written agreement is ambiguous, a court may read it against the company that drafted it.
The Independent Contractor Squeezed on Timing
An independent rep signs a deal in November. The company terminates his contract in December, before the January 1 “vesting date” defined in the contract. The company claims no commission is owed because the deal hadn’t “vested.” Whether that timing manipulation holds up depends on the contract language and the facts. Courts scrutinize these arguments carefully — especially where the termination appears designed to deprive the rep of a commission he clearly earned.
What Steps Should You Take If You’re Owed a Commission?
If you believe a company owes you commissions, here’s what to do:
Gather your documentation. Collect your commission agreement, offer letter, pay stubs, email chains, text messages, and any written or oral promises about your commission structure.
Calculate what you’re owed. Go through every deal where your commission was shorted, withheld, or denied. Document the amounts.
Don’t delete communications. Texts, emails, and even WhatsApp messages can be critical evidence in commission disputes. Preserve everything.
Be aware of deadlines. New York has a six-year statute of limitations for contract claims and three years for wage claims. The clock starts running when the commission was due.
Consult an attorney early. Because NY Labor Law § 191-c provides for attorneys’ fees, many attorneys take commission cases on contingency. You may have more leverage, and more options, than you think.
Some commission disputes resolve before a lawsuit once a company understands its legal exposure. The availability of attorneys’ fees under New York law can change the dynamic significantly.
Commission disputes are one piece of a broader landscape of business disputes in New York. If you're a business owner dealing with a falling-out with a partner rather than an employer, we recently covered what happens when your business partner won’t play fair in New York. And if you’re an LLC member concerned about your operating agreement, our guide on three LLC operating agreement traps that can cost New York business owners millions is worth reading before a dispute ever starts.
Frequently Asked Questions About Commission Disputes in New York
What if my employer says my commission wasn’t “earned” yet?
Whether a commission is earned depends on the language in your contract. New York courts generally look at what you were required to do to trigger the commission. If you did it, the company cannot add new conditions after the fact. If your contract is ambiguous, courts often construe it in favor of the worker.
Can I sue for unpaid commissions even if I signed an arbitration agreement?
Yes. Many employment and contractor agreements include arbitration clauses, which means your dispute goes to a private arbitrator instead of a court. The same New York Labor Law protections — including fee-shifting — apply in arbitration. An attorney can review whether the arbitration clause is enforceable in your specific situation.
Does New York law cover commissions earned before I left my job?
Yes. Under NY Labor Law § 191-c, when your working relationship ends, the company must pay all earned commissions within five business days of termination or, for commissions not yet due at that point, within five business days after they become due. A company cannot legally refuse to pay commissions on deals you closed while employed, even if payment would technically fall after your last day.
How much can I recover if my employer withholds my commissions?
Under New York Labor Law, independent sales representatives who prevail in a commission dispute may recover the full unpaid commissions along with substantial additional damages and attorneys’ fees. For W-2 employees, NY Labor Law § 198 also provides for liquidated damages equal to 100% of unpaid wages plus attorneys’ fees. The specific remedies depend on your classification and which provisions apply to your situation.
The Bottom Line
New York law gives commissioned workers and independent reps unusually strong protections. Fee-shifting and additional damages provisions mean that companies face real financial exposure when they try to stiff their salespeople. Don’t assume the company has the upper hand just because they have a legal team and you don’t.
If you did the work and earned the commission, New York law says you’re owed the money. And the law gives you powerful tools to collect it.
If you or someone you know has been denied sales commissions in New York, the team at Yassi Law PC is ready to help. Call us today at 646-992-2138 for a consultation.
Written by Reza Yassi | LinkedIn
This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.
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