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

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

Archive