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Paid vacation for 100% commission employee who leaves

I just read that an employer must pay an employee for accrued vacation time when they leave the company. My question is, does that apply to an employee who is 100% commission with no salary? If so, how is the vacation valued when it is paid to the employee upon their departure?

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The law in question, Massachusetts General Laws Chapter 149, Section 148 applies to paid vacation time.  You are a 100% commission employee and so, presumably, you have not accrued any paid vacation time.  For more information about vacation time, visit our MA Employment Law Discussion Forum.


Is there any law requiring an employer to pay unused vacation time to an employee who is 100% commission when they leave? My employer does accrue vacation time for me at the same rate as other salaried employees.
If they are required to pay because it is accrued, how should it be calculated as to the rate/salary in which it is paid?

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