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

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

Archive