In Deutschman v. First Mfg. Co, (7 AD3d 363, 364, 775 N.Y.S.2d 855 [1st Dept 2004]) the parties entered into an agreement that set forth the terms of plaintiff's employment, including his salary, 401 (k) plan, employer-provided health insurance, paid vacation, sick days and other benefits. Stating that the "statutory definition of sales representative' is clearly limited to independent contractors, as opposed to salaried or commissioned employees, the Appellate Division held that plaintiff, a salaried employee, was not an independent contractor and therefore that Labor Law 191-c (3) did not apply (7 AD3d at 364 [reversing judgment in favor of plaintiff after non-jury trial] [citations omitted]; accord Derven v. PH Consulting, Inc., 427 F Supp 2d 360, 369 [SD NY 2006] ["salaried employees who receive commissions are protected under 191(1)(c), while independent contractors are covered by 191-a through 191-c"]).