July 6, 2007

Plaintiff alleged (1) a failure to pay commissions as required by his written employment contract with defendant-LLC, a New York corporation with its principal place of business in New York City, and (2) certain violations of the Labor Law. In Fieldman v. Smart Choice Communications, which was decided on June 28, 2007, the First Department said that the contract's New Jersey choice-of-law provision runs to the Labor Law causes of action since they did not assert "an extra-contractual wrong, such as payment of commissions in accordance with the contract but in violation of section 191(a)(1)(c) because made less frequently than once a month."