SUTTON v. JORDAN'S FURNITURE, INC.

SJC-13382.

493 Mass. 728 (2024)

MATTHEW SUTTON v. JORDAN'S FURNITURE, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

March 28, 2024.


Attorney(s) appearing for the Case

Brant Casavant ( Hillary Schwab also present) for the plaintiff.

Julie B. Brennan ( Ariel D. Cudkowicz & Dawn Reddy Solowey also present) for the defendant.

Joshua D. Nadreau , for Retailers Association of Massachusetts, was present but did not argue.

The following submitted briefs for amici curiae:

Michael J. Sheehan, P. Kevin Connelly, & Barrick Bollman, of Illinois, Robert J. Cordy, Andrew Liazos, Frank J. Bailey, & Selena Fitanides for Pioneer Public Interest Law Center.

Raven Moeslinger for Massachusetts Employment Lawyers Association & others.

Andrea Joy Campbell, Attorney General, & Alexander Sugerman-Brozan, Assistant Attorney General, for the Attorney General.

Present: Budd, C.J., Gaziano, Lowy, Kafker, Wendlandt, & Georges, JJ.


The primary issue in this case is whether the commissions-based compensation scheme for sales employees of a retail employer, Jordan's Furniture, Inc. (Jordan's), complied with the overtime statute, G. L. c. 151, § 1A, and the Sunday pay statute, G. L. c. 136, § 6 (50).3 We held in Sullivan v. Sleepy...

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