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

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

Archive