DGAA bLAWg

Rundown of the Illinois’ Sales Representative Act

Web Admin - Friday, November 22, 2013

Employers often pay their salespeople a commission, meaning that the salesperson collects a percentage of whatever they can sell. It is a way for employers to motivate their sellers, and it lets sellers see the benefits of their hard work. But, both employers and employees should note that Illinois passed a special employment law, the Sales Representative Act, to regulate how employers must pay these commissions.

The Sales Representative Act applies to all commissions, which it defines as a compensation scheme based in whole or in part on a percentage either of the employee’s gross sales, or the net profits from those sales. The Act covers three main areas: when commissions come due to the employee; how employers should handle commissions owed to a terminated employee; and the penalties that can apply to employers if they fail to comply with the Act.

As to when the employer must pay the commissions, the Act contains several scenarios. If the employee’s contract specifies a due date for the commission, then the Act allows that to control. However if the employee works without a contract, or if the contract does not specify a date, then the Act looks to the employer’s past practice of when they pay the employee, and then holds the employer to that schedule. If the employer only recently hired the salesperson, meaning there is no past practice, then the Act uses the standard practice of the salesperson’s industry to determine when the employer owes commissions.

The Act also lays out specific requirements for paying commissions to terminated employees. If the employer owes any commissions to the employee at the time they let the employee go, then the employer must pay those commissions within thirteen days of the employee’s termination. If more commissions come due after the employee’s termination, then the employer must pay those no later than thirteen days after they come due. Additionally, the Act specifies that an employee’s waiver of the right to collect on commissions after they are terminated will not be enforced.

The Act also contains severe penalties for employers who fail to comply with the Act’s guidelines for when to pay commissions. An employee may sue them for failure to pay, and receive up to three times the value of the commissions. Additionally, the employer may be forced to cover the salesperson’s court costs as well as their attorney’s fees.

Legal Help

If you are a salesperson being paid on commission who believes their employer violated this act, or if you are an employer concerned about whether your practices comply with the law, contact an experienced Illinois employment lawyer today. We serve many northwest suburban areas including Schaumburg, Palatine, Des Plaines, Rolling Meadows, and other nearby communities.


Recent Posts


Tags

Barrington criminal lawyer Illinois medical malpractice claim Crystal Lake medical malpractice law firm Palatine employment attorney Deer Park DUI lawyer rollover car crashes boating accidents speeding Illinois workplace discrimination attorney medical malpractice Palatine corporate attorney murder Des Plaines injury law firm suspended license estate planning trusts trauma after an accident Home Remodeling Repair Act construction accidents employee discrimination back injuries food poisoning Detainer Actions personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys deed transfer Arlington Heights insurance attorney insurance disputes Illinois boating accident lawyer privacy laws Illinois employment law insurance dispute attorney Barrington Illinois estate planning lawyer pain and suffering Schaumburg Attorney Crystal Lake employment law attorney traumatic brain injury Retaliatory Discharge Palatine real estate lawyer Illinois living will preventing accidents Barrington medical malpractice lawyers Arlington Heights estate planning attorney pedestrian accident Crystal Lake will lawyer car accident lawyers Des Plaines DUI attorney DNR Illinois Smoke Detector Act civil litigation attorney Food and Drug Administration's Food Safety Modernization Act estate attorney Illinois traffic laws landlord Chicago estate planning Illinois construction accident attorney foreclosure Des Plaines pet law attorney small business DUI defense real estate contract business litigation eluding a police officer probate claims process capital gains tax Schaumburg estate planning attorney Rolling Meadows probate lawyer Riverwoods estate planning lawyer irrevocable trust construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Landlord Tenant Ordinance living wills Arlington Heights Traffic Lawyer traffic crimes vacation home elder abuse mortgage spinal cord injury traffic violations bike accident probate process agent Federal Food Drug and Cosmetic Act home inspection lawyer Des Plaines accident attorney Family Medical Leave Act insurance claim dispute attorney forming a corporation in Illinois icy parking lots Long Grove estate planning Arlington Heights TBI attorney llinois Real Estate Lawyers Association clemency college kids Barrington estate planning attorney holiday statistics Chicago attorney Rolling Meadows Barrington drug crime attorney Illinois insurance claim dispute lawyers Crystal Lake tax lawyer owner responsibility uninsured motorist drug crime condo association trust payments car accidents changes to mortgage law Illinois pet lawyer Illinois mortgages Illinois home inspection severance agreements independent contractor Illinois wills and trusts attorneys Arlington Heights wills and trusts lawyers Palatine traffic lawyer traffic offenses Illinois insurance claim dispute lawyer Rolling Meadows insurance lawyer minimum wage Schaumburg criminal attorney golf accidents taxes real estate closing Illinois small business Illinois medical malpractice lawyers surgical mistakes employment attorney Palatine trusts lawyer fatal car accidents comp time license suspension preventable medical errors Crystal Lake civil litigation lawyer dealing with problem employees Schaumburg wrongful death attorney School Visitation Rights Act residential real estate Crystal Lake estate planning lawyer Buffalo Grove traffic lawyers Illinois real estate Palatine corporate law attorneys problem employees drunk driving car crashes medical malpractice claims installment contracts modern family estate planning Schaumburg construction accident lawyer Rolling Meadows personal injury lawyers South Barrington real estate attorney Crystal lake insurance dispute attorney life insurance lawyer real estate attorney Barrington personal injury lawyer Crystal Lake traffic attorney Illinois personal injury blood alcohol content civil litigation Buffalo Grove real estate attorney Palatine business attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights personal injury attorney living trust benefits Inverness insurance attorney Illinois collections attorney blended families first degree murder fiduciary rule delay Illinois insurance dispute lawyers rumble strips insurance denials car accident lawyer wills and trusts probate Rolling Meadows Attorney brain injury landlord tenant law denied insurance claim Forcible Entry federal crimes pedestrian accidents Crystal Lake car accident attorney Rolling Meadows drug defense attorney Chicago employment attorney South Barrington real estate lawyer Illinois motorcycle accident lawyer Illinois wrongful termination lawyer insurance adjusters Buffalo Grove personal injury lawyer probate claims real estate zoning drug crimes involuntary manslaughter Illinois Sales Representative Act Arlington Heights car crash attorneys distracted driving accidents Colin H. Gilbert Fair Labor Standards Act estate plan Illinois insurance claim attorney Schaumburg probate attorney product liability FMLA Palatine estate planning lawyer employment law, Illinois employment laws Rolling Meadows medical malpractice lawyers hit and run accident Palatine employment law lawyer Exclusions personal injury claims Barrington boating accident attorney new real estate form Arlington Heights wills and trusts attorneys spinal cord injuries personal injury lawyer personal injury accidents probate lawyer Schaumburg injury lawyer Illinois red light cameras corporate law Rolling Meadows personal injury attorney Illinois workplace lawyer auto accidents healthcare insurance attorney caregiver marijuana Illinois criminal defense attorney real estate leasing Barrington attorney Illinois workers compensation attorney loopholes medical marijuana employment contract Crystal Lake pedestrian accident lawyer Illinois trusts attorney automated cars Thanksgiving Barrington estate planning lawyer driving Kenilworth estate planning attorney Des Plaines tax law firm traffic violations defense low-ball insurance settlement Mt Prospect Attorney cell phone Illinois employment lawyer sole proprietorship Illinois jet ski accident lawyer child safety car crash injuries criminal record Illinois employee rights attorney. Buffalo Grove personal injury attorney advance healthcare directive attorney fees criminal law Buffalo Grove traffic attorney Illinois car accident attorney employee rights Buffalo Grove employment lawyer consent to a search contracts living trust vs will employee misclassification Illinois LLC creation breach of contract Chicago will attorney, social media platforms, Illinois estate planning lawyer, Rolling Meadows marijuana attorney DUI penalities Illinois medical malpractice attorney Kenilworth estate planning attorneys Deer Park accident attorney Inverness probate lawyer field sobriety test no contest clauses insurance claim denials Illinois employment law attorney Schaumburg real estate lawyer hiring employees digital evidence Arlington Heights accident attorney Illinois employment attorneys Rolling Meadows employment attorney pedestrian-automobile accident DMV Rolling Meadows car accident lawyers medical research natural gas explosion Arlington Heights personal injury lawyer liability Schaumburg Transfer on Death Instrument Palatine law firm Palatine elder law attorney creditors Illinois personal injury attorney life insurance Palatine civil attorney Deer Park employment law attorney Crystal Lake business law attorneys Deer Park criminal attorney GM ignition switches vacation home fines PTSD truck collisions car accident internet natural gas revenge porn cell phone accidents Crystal Lake car accident lawyer commercial real estate Barrington business law firm special needs trust Palatine employment lawyer IRA trust transfer Arlington Heights Attorney medical malpractice compensation personal injury law firm real estate attorneys Rolling Meadows real estate attorney disability benefits Des Plaines motorcycle accident attorney right to work Buffalo Grove probate lawyer Employment Discrimination Law federal regulations for LLCs paid sick leave privacy pregnant women Chicago insurance law firm Illinois driving without license tax attorney slip and fall accidents Illinois Human Rights Act Rolling Meadows criminal attorney Arlington Heights medical malpractice lawyer Inverness estate planning lawyer real estate fault based insurance Schaumburg personal injury attorney FSLA Palatine Attorney Do Not Resuscitate Deer Park real estate law firm Crystal Lake employment attorney Schaumburg traffic lawyer Schaumburg medical malpractice lawyer Schaumburg employment attorney head on collisions swimming pools whistleblower protections Buffalo Grove medical malpractice lawyers overtime violations Arlington Heights traffic attorney Rolling Meadows corporate lawyer insurance claim dispute Des Plaines personal injury attorney Chicago traffic lawyer Palatine traffic accidents employment law Des Plaines claims law firm Palatine injury attorney criminal Des Plaines real estate lawyer criminal defense LLCs motorcycle accident lawyer life insurance policy Illinois traffic accident lawyer Schaumburg estate planning lawyer caretaker rights murder charges Long Grove estate planning attorney employees Inverness real estate lawyer nursing home negligence Illinois employment laws Illinois personal injury lawyers employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Buffalo Grove criminal defense lawyer construction contracts Illinois estate planning law firm traffic accidents wage theft workers compensation benefits probate fees DGAA real estate lawyer controlled substance Chicago will attorney mass shooting Illinois traffic attorney Inverness elder law lawyer Arlington Heights employment attorney Crystal Lake injury attorney Chicago car accident lawyer texting and driving Arlington Heights wills and trusts attorney Schaumburg personal injury lawyers Illinois rollover accident lawyers trench injuries Barrington civil litigation attorney comparative negligence Joliet general practice lawyers financial advisors Schaumburg corporate attorney Palatine insurance lawyer Illinois civil litigation lawyer unfunded trust Inverness civil lawyer Illinois probate lawyer wills digital information Palatine workers compensation lawyer Illinois business lawyer Crystal Lake insurance lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace civil rights violation insurance claim delay expungement Rolling Meadows criminal lawyer BAC Illinois tax attorney dog bites Illinois elder law attorney marijuana crimes attorney Illinois insurance lawyer Chicago trucking accident attorney Long Grove estate planning attorneys Illinois business law atorneys Home Sale Contingencies Rolling Meadows employment law attorneys anesthesia errors Barrington employment attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys IRS in terrorem provision estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Buffalo Grove corporate attorney Chicago employment lawyer Palatine construction attorney DUI attorney Arlington Heights car accident lawyer Crystal Lake criminal defense attorney Illinois lawyer Deer Park personal injury lawyer digital assets digital media accounts, estate planning, Arlington Heights estate planning attorney, texting while driving Illinois insurance claims lawyers bicycle dooring accidents trucking accident lawyers Rolling Meadows employment law attorney Barrington workers compensation attorney bad faith insurance claims Des Plaines drug crimes lawyer Liquor Control Act premises liability pet bites BAIID rollover accidents unpaid assessment Crystal Lake traffic lawyer trusts Rolling Meadows estate planning attorney murder defense condo ken apicella Palatine criminal defense lawyer underinsured motorist Chicago lawyer workers compensation Illinois traffic attorneys overtime pay Inverness accident lawyer jet ski Des Plaines drug lawyer insurance denial appeals health insurance dispute Palatine probate lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers loss of consortium CAM Schaumburg car accident attorney Palatine drug lawyer Rolling Meadows traffic law firm guardianship attorney unpaid overtime job lawyers Crystal Lake law firm Illinois estate planning Illinois registered agent Rolling Meadows personal injury lawyer commercial leases Inverness DUI lawyer filing a medical malpractice claim Illinois law insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys manufacturing Barrington litigation attorney breathalyzer test license revocation Des Plaines medical malpractice attorney Arlington Heights criminal lawyer Illinois pedestrian accident attorney Deer Park traffic accident attorney sexual images Illinois Arlington Heights trucking lawyer Rolling Meadows business lawyer power of attorney distracted driving accident victims insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys license reinstatement Illinois employment law firm boating under the influence estate planning for college students Long Grove real estate lawyer Des Plaines Traffic Lawyer Policy Cancellation Self-Directed IRA Accounts Schaumburg drug defense lawyer Illinois trucking safety Crystal Lake bike accident lawyer Deer Park medical malpractice attorney subcontractor deadly crashes pay when paid contract Crystal Lake employment lawyer insurance dispute drug crimes lawyer accidental death benefits BUI pet law Affordable Care Act Des Plaines real estate attorney Palatine personal injury lawyer Barrington Traffic Lawyer motorcycle accident Illinois workers compensation lawyer Whistleblower Claims Des Plaines criminal attorney Chicago insurance claim attorneys defective products insurance claims insurance claim denial Chicago corporate attorney denial of life insurance Crystal Lake personal injury attorney Barrington personal injury attorney Inverness corporate attorney fiduciary rule operating agreements hands free device Illinois wills and trusts traffic tickets Des Plaines personal injury lawyers estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois personal injury lawyer products liability Schaumburg employment law attorneys Palatine civil litigation lawyer meal breaks Rolling Meadows insurance dispute lawyers Rolling Meadows accident lawyer traffic deaths Deer Park motorcycle accident lawyer institutional trustee Illinois employment law attorneys car crash estate tax Arlington Heights pedestrian accidents Illinois bicycle safety Schaumburg insurance lawyers Mount Prospect real estate lawyer Illinois will lawyer workers comp work unions trucking accidents ObamaCare liens Barrington injury attorney Rolling Meadows boating crash lawyer Buffalo Grove insurance claim dispute lawyers power of attorney for healthcare appealing an insurance claim Deer Park workers compensation lawyer Arlington Heights real estate lawyer Rolling Meadows tax attorney TBI IRELA Barrington real estate lawyer Illinois insurance disputes living trust bicycle accidents Illinois real estate lawyer Fourth of July Buffalo Grove injury lawyer Rolling Meadows DUI lawyer pizza emoji insurance claim life insurance claims Arlington Heights injury attorney medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Des Plaines collections attorney estate planning attorney Illinois insurance attorney dynasty trusts senior citizens Schaumburg estate attorney liability claims startup company drug possession workplace sexual harassment Attorney Ken Apicella Rolling Meadows litigation lawyer Rolling Meadows traffic attorney Schaumburg criminal law attorney Crystal Lake medical malpractice attorneys Inverness personal injury attorney Inverness injury lawyer Inverness traffic law firm Buffalo Grove car accident lawyer ACA Crystal Lake pet attorney healthcare claims trustee POA personal injury Schaumburg civil litigation attorney license Jay Andrew rest breaks estate planning lawyer Legal Info drunk driving statistics elder law IRA benefits personal injury attorney Arlington Heights tax lawyer Schaumburg personal injury lawyer Illinois speeding lawyer Illinois attorney rent to own real estate contracts estate planning underage DUI cell phone tower data Super Mario defective products lawyer Long Grove wills and trusts attorneys Crystal Lake accident attorney Kenilworth estate planning lawyer Des Plaines civil attorney crossover accidents compensatory time Illinois Workers’ Compensation Commission Rolling Meadows Traffic Lawyer Schaumburg elder law lawyer investment property Long Grove real estate attorney wrongful termination dram shop law Arlington Heights employment law attorneys Illinois job attorney insurance agents Des Plaines insurance attorney Mount Prospect wills and trusts lawyers Crystal Lake personal injury lawyer social media after death sexual harassment homestead rights Des Plaines pedestrian injuries, pedestrian fatality Mount Prospect elder law attorney denied insurance claims Illinois medical malpractice case Illinois Probate Act of 1975 slip and fall wrongful death Rolling Meadows insurance dispute lawyers, insurance dispute personal injury claim jet ski accidents Chicago biking tips Palatine punch death traumatic brain injuries Barrington employment law attorney Illinois injury lawyer income distribution deducation Chicago estate planning lawyer Illinois Wage Payment and Collection Act medication errors Class A misdemeanor Illinois defective products attorney boating DUI Illinois corporate lawyer Barrington employment law firm insurance negligence employment lawyer Colin Gilbert Inverness real estate attorney Illinois traffic ticket lawyer Rolling Meadows insurance attorney Arlington Heights wills and trusts lawyer underfunded trust Buffalo Grove law firm foreclosed rental property commercial leasing insurance agent negligence DUI Illinois DUI attorney car collision Des Plaines personal injury lawyer Illinois estate planning attorney Illinois Transfer on Death Instrument Crystal Lake medical malpractice lawyer traffic laws drugs gift taxes Arlington Heights lawyer Barrington criminal defense lawyer unauthorized overtime Deer Park traffic lawyer reckless homicide

Archive