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

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

Archive