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

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

Archive