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

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

Archive