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


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