New Jersey Supreme Court: WPL Protects Worker “Commissions”
On March 17th, 2025, the Supreme Court of New Jersey ruled in favor of an employee in the case of Rosalyn Musker v. Suuchi, Inc. In an employment law dispute arising from Bergen County, the court determined that “commissions” are “wages” for the purposes of the New Jersey Wage Payment Law (WPL). The case has important implications. Here, our New Jersey wage payment attorney provides a more detailed discussion of the key employment law decision from the state’s highest court.
Supreme Court Case Review: Rosalyn Musker v. Suuchi, Inc
What Happened?
Rosalyn Musker was an employee of a company by Suuchi, Inc.. She was initially hired for administrative duties with an annual salary of $80,000. However, Ms. Musker transitioned to a sales role in February 2020. She became eligible for commissions under Suuchi’s Sales Commission Plan (SCP). In response to the COVID-19 pandemic, the New Jersey business expanded its offerings to include Personal Protective Equipment (PPE)—with commissions offered for PPE sales. Ms. Musker generated approximately $34.4 million in gross revenue from PPE sales. A dispute arose regarding the calculation of her 4% commission—specifically, whether it should be applied to gross or net revenue. Ms. Musker filed a complaint under the New Jersey Wage Payment Law (WPL).
What was the Legal Issue?
Here is the big dispute that was before the court in this case: Do commissions qualify as “wages” under the WPL in New Jersey? The statute defines “wages” as “the direct monetary compensation for labor or services rendered by an employee, where the amount is determined on a time, task, piece, or commission basis.” However, it excludes “supplementary incentives and bonuses which are calculated independently of regular wages and paid in addition thereto.” The question was whether Musker’s commissions were “wages” protected under the WPL or were “supplementary incentives.”
What Did the Court Decide?
Upon review, the Supreme Court of New Jersey found in favor of the employee and unanimously held that commissions are unequivocally considered “wages” under the WPL. In its decision, the Court emphasized that the definition of “wages” in the WPL is clear and unambiguous—and that explicitly includes commissions. Further, the Court clarified that “supplementary incentives” refer to additional compensation designed to motivate employees beyond their standard duties and regular wages—such as bonuses for perfect attendance or employee referrals. In contrast, commissions are direct compensation for labor or services rendered and thus cannot be classified as supplementary incentives. The ruling has significant implications for employers and employees in New Jersey. Commissions are protected under New Jersey’s WPL.
Speak to Our New Jersey Wage and Hour Lawyer Today
At Poulos LoPiccolo PC, our New Jersey employment attorney has the skills and experience to take on all types of wage and hour claims. If you have any questions or concerns about our state’s wage payment law, please do not hesitate to contact us today for a fully confidential consultation. We handle employment law matters throughout New Jersey.
Source:
njcourts.gov/system/files/court-opinions/2025/a_8_24.pdf
