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


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