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

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

Archive