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


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