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


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