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

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

Archive