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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111654
Experience:  20+ Years of Employment Law Experience
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is the decision of Cohan vs Lowes in California usable in

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is the decision of Cohan vs Lowe's in California usable in under New York labor law? Not sure if its Cohan or Cohen. It was a class action suit regarding mispayment of commissions and spiffs.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The case is Cohen v. Lowes HIW, Case No. 8:10-cv-00425, Central District of CA and it is a federal district court decision approving a settlement agreement. Settlements cannot be used against a party to prove they are liable in another case. Thus, as it is a settlement of a class action it cannot be used as any type of precedent in any other court case.



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Customer: replied 3 years ago.
For PaulMJD... Understanding that the settlement cannot be used in another case, my question is whether the Calif. labor code which was claimed as the basis of the case can be referenced to a counterpart, similar code in NY State. In other words, would there be a NY labor code on which to build a case for employees of Lowe's in NY State?
Thank you for your new question.

Article 6 of the NY Labor Law Section 191B and 191C cover commissioned employees.
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