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


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