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


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