August 8, 2003
Kelley Drye successfully obtained summary judgment for The WIZ, an electronics retailer, in a Fair Labor Standards Act (“FLSA”) litigation brought by a sales associate who claimed he was not properly compensated. The plaintiff’s complaint challenged The WIZ’s entire commission pay plan, alleging that it violated the FLSA.
The Firm argued that The WIZ’s commission structure complied with the law and the company acted lawfully in terminating the plaintiff. The U.S. District Court for the Eastern District of New York agreed with Kelley Drye’s position, and granted summary judgment to The WIZ finding that the commission pay plan was in full compliance with the law.