Section 22. Wages and commissions and preferred claims  


Latest version.
  • 1.  In  all
      distribution of assets under all assignments made in pursuance  of  this
      article,  the  wages  or salaries actually owing to the employees of the
      assignor or assignors at the time of the execution of the assignment for
      services rendered within three months prior  to  the  execution  of  the
      assignment,  not  exceeding  one  thousand dollars to each employee, and
      after payment of  the  foregoing,  all  claims  for  cash  deposits  not
      exceeding  three  hundred  dollars  made  and  left  with an assignor or
      assignors on account of purchases at retail of merchandise or  services,
      where  such deposits were made within six months before the execution of
      the assignment and such  merchandise  has  not  been  delivered  or  the
      services  performed,  shall  be  preferred  before any other debt except
      wages or salaries as aforesaid; and should the assets of the assignor or
      assignors not be sufficient to pay in full  all  the  claims  preferred,
      pursuant  to this section, they shall be applied to the payment first of
      wages or salaries to the full amount of each such wage  or  salary,  and
      thereafter pro rata to payment of such cash deposits.
        2. For the purposes of this section, wages or salaries shall mean; (a)
      all  compensation  and  benefits  payable  by  an employer to or for the
      account of the employee for personal services rendered by such employee.
      These shall  specifically  include  but  not  be  limited  to  salaries,
      overtime, vacation, holiday and severance pay; employer contributions to
      or  payments of insurance or welfare benefits; employer contributions to
      pension or annuity funds; and any other moneys properly due  or  payable
      for  services  rendered by such employee. Vacation and severance pay due
      and owing at the time of the filing of an assignment,  or  which  became
      due  and  owing  after  the  filing  of  an assignment, but prior to the
      closing of the estate, shall be considered as wages or salaries owed for
      services rendered within three months prior  to  the  execution  of  the
      assignment,  or  (b)  commissions  due  traveling  or  city  salesmen on
      salaries or commission basis, whole or part-time, whether or not selling
      exclusively for the assignor or assignors, and for the purpose  of  this
      section,  traveling  or  city  salesmen, shall include all such salesmen
      whether or not they are  independent  contractors  selling  products  or
      services  of  the  bankrupt  with or without a drawing account or formal
      contract.