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3. J Clark & Son, Limited v New Brunswick, 2019 NBCA 31 New Brunswick Court of Appeal clarified that minimum wage rules apply to commissioned employees The general rule is that employees are entitled to minimum wage. A recent decision from the New Brunswick Court of Appeal demonstrated that employers must pay attention to this requirement when compensating employees based on commission or other variable compensation. Specifically, the New Brunswick Court of Appeal found that a car salesman paid by commission was entitled to receive at least the minimum wage for all hours worked under New Brunswick's Minimum Wage Regulation. Fortunately, in this case, the order only amounted to $2,195.93 being owed to the employee to make up for earning below minimum wage. However, employers who pay employees by commission or other variable compensation are well advised to keep track of any minimum wage obligations and hours worked, as this could add up to a substantial liability over time if earnings fall below minimum wage