Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

New York Real Estate Law ReporterLJN NewslettersNewsSections

Class Action Certified for Wage Claim Under State Law

By ALM Staff | Law Journal Newsletters |
August 27, 2003

A class action brought on behalf of 15,000 present and former members of Bloomingdale's commissioned sales force was certified under New York Labor Law '193 based on a claim that Bloomingdale's inappropriately made deductions from the commissions credited to the sales force for merchandise returned by customers. Jacobs v. Bloomingdale's, Inc. Index No. 17283/96 (Sup. Ct. Queens Co. 5/03) (Taylor, J.S.C.)

The class representatives were sales staff members at various Bloomingdale's, May Department Stores, Macy's, and Abraham & Strauss locations. Plaintiffs acknowledged that the stores were entitled to deduct for unreturned items that they sold. The plaintiffs objected, however, to the practice of making deductions from credited commissions for 'unidentified returns,' that is, returned merchandise for which the store could not identify the salesperson involved in the transaction. The defendant stores deducted a pro rata share of the unidentified returns from all the commissions which were paid to all sales personnel in the department from which the product was sold.

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.