Does an employer have to make commission payments monthly?

My employer is spotty at paying commissions in the first place and since he caught
up last month, said he would pay quarterly moving forward, another rep is paid
monthly, can he do this?

Asked on September 22, 2016 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no law setting the frequency or timing of commission payments. Therefore, unless you have a written employment or commission agreement specifying this (if you do have such a written agreement, it is enforceable as per its plain terms), your employer may change the timing, frequency, etc. of commission payments; it is up to the employer when to pay these, in the absence of a contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.