Another year gone, another time to look back. Let's look at some of the issues that have been in the news in the past year.

Air quality and mold

This issue continues to drive lawsuits and has become extremely important to the insurance industry. Policies are now being written that specify what is, and what is not, covered when we talk about "air quality," "sick building" or "toxic mold."

These lawsuits and the underlying fear of the affects of poor air quality and mold allegedly caused by carpet, has led to various legislators calling for an outright ban of carpet products in governmental buildings and school classrooms.

In partial response to this problem, the American National Standards Institute has provided a National Standard of Carpets, which it refers to as the Sustainable Carpet Assessment Standards. Products produced under this standard will meet various performance, environmental, public health, energy efficiency, recycling, reclamation and end-of-life management standards.

Minimum wage increase

On May 25, President Bush signed a bill that increased minimum wage in three separate steps: an increase to $5.85, which will increase to $6.55 in 2008, and then to $7.25 in 2009. Although I do not believe installers are being paid minimum wage today, I am sure many stockroom and warehouse workers are, so it is important to be aware of this change.

Going green

It seems everything we buy, including carpet, raves about its "green" label. It may apply to the manufacturing process, the materials used to make the product or the chemicals used to clean it. Green is intended to be environmentally friendly, and these products may be made from recycled goods or be recycled at the end of their use. Either way, green is here to stay and most likely will continue to grow in concept and products.

Payment of commissions

Since most industry salespeople are paid either in whole or in part by sales commissions, it is important every employer know the applicable law. Although this law will vary from state to state, a recent change in New York effective October 2007, should make all employers review their practices and their own local laws.

The New York law, as amended, provides, in part, that a commission salesperson shall be paid the wages, salary, drawing account, commissions and all other monies earned or payable in accordance with the agreed terms of employment. But, (and here is where the law kicks in) not less frequently than once in each month, and not later than the last date of the month following the month in which they are earned.

The law further provides the agreed terms of employment must be in a writing signed by both the employer and the salesperson. This agreement must be kept on file by the employer for no less than three years. This agreement must include a description of how all commissions and other monies earned will be calculated. It must further provide details regarding the payments of commissions, etc. upon the termination of employment by either party. In the event of a dispute between the salesperson and the employer, if the employer is unable to produce a signed writing to the contrary, the statement of the salesperson as to what he believes the terms were, shall be presumed to be correct.

The law provides that if the employer is located outside of New York State, it must still have such written and signed agreement with its sales representative in New York State and must provide the rep with a copy of such agreement.