In the News: Sasha Thaler Quoted in Massachusetts Lawyers Weekly on Wage Act Commission Ruling
Constangy partner Sasha Thaler was quoted in a recent Massachusetts Lawyers Weekly article analyzing the Superior Court’s decision in Ford v. Vacationeer, LLC, which rejected a Wage Act claim for unpaid commissions.
In the case, a former travel planner argued she was entitled to commissions for trips she had booked but that customers had not yet completed as of her termination date. The court disagreed, holding that commissions tied to future travel were not “due and payable” because of the possibility of cancellation, and therefore not covered under the Wage Act.
Sasha noted that the case highlights the importance of clear drafting in commission agreements. “The contract says the contractor shall be entitled to [a percentage of] gross commissions received by the travel agency for sales of travel services by the independent contractor. It doesn’t say ‘on sales made’ … This is what I think logically clinched it for the court, even if the court doesn’t say so specifically,” she explained.
The decision underscores how careful contract language around when commissions are earned and payable can be decisive in Wage Act disputes.
To read the full article on Massachusetts Lawyers Weekly’s website, click here.
Sasha Thaler is a partner and co-chair of Constangy's Investigations practice group with nearly 20 years of experience advising and defending employers across industries on workplace compliance, employment litigation, and dispute resolution. She counsels on a wide range of employment laws, drafts workplace policies and contracts, and represents businesses before state and federal agencies. Sasha also serves as an independent investigator in Title IX and workplace discrimination matters and is a frequent speaker on developments in labor and employment law.
