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

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

Archive