August 28, 2024
Published by 
Curtis Rostad on August 28, 2024
Curtis Rostad on August 28, 2024Check Your Bottom Line, It Could Be a Staffing Issue Jack Spratt operates the McLean Funeral Home which does about 150 calls a year. Yes, the names are fictitious, but the funeral home is real. Most of his calls are still traditional funerals including casket, visitation, funeral service, and cemetery burial, but his cremation rate is about 40%. His prices are in line with his competition and the rest of his service area. He is still purchasing the business from his father-in-law, but the payments are reasonable for the size of business. His collections are reasonably good. He said his staff is hardworking, if not overworked, and yet he said he isn’t making money and he wants to know what to do. A quick glance at his profit and loss statement reveals his problem. While you would expect a funeral […]
July 30, 2024
Published by Curtis Rostad on July 30, 2024
Curtis Rostad on July 30, 2024The number one reason to make a single change to your website. Funeral home websites are surprisingly similar. Pick one at random, check the pull-down tabs and you’ll probably find pictures of the lobby, chapel and grounds; current and past obituaries; and a virtual register book. You will likely also find an “About Us” tab that might include a short history of the firm and pictures of the staff. Elsewhere, you’ll find informational pages on funerals, burial and cremation, and possibly some on caskets and urns. You will most likely also find information on preneed, including a form consumers can fill out if they wish to be contacted about making prearrangements. In most cases, however, the information most critical to funeral planning – pricing – is conspicuously absent. In 2021, the Federal Trade Commission (FTC) conducted research and found that […]
May 29, 2024
Published by Curtis Rostad on May 29, 2024
Curtis Rostad on May 29, 2024Across the ages, we’ve come up with some very creative ways to dispose of our dead. Yet to be answered for the future is what part funeral service will play in the circle of life. “In the sweat of your face shall you eat bread till you return to the ground, for out of it you were taken; for dust you are, and to dust you shall return.” – Genesis 3:19 NKJV According to the Book of Genesis, God’s curse upon mankind for eating the forbidden fruit was a life of labor and that all would die and return to the earth. The Christian burial rite expresses it as, “Earth to earth, ashes to ashes, dust to dust.” The opening song of The Lion King, composed by Elton John with lyrics by Tim Rice, calls it the Circle of Life […]
April 28, 2024
Published by Curtis Rostad on April 28, 2024
Curtis Rostad on April 28, 2024Did the DOL Make It Any Easier to Decide? Most employers are at least aware of the issue of independent contractor versus employee. But making the determination has never been clear. In 2021, the U.S. Department of Labor announced a final rule clarifying the standard for independent contractor versus employee under the Fair Labor Standards Act (FLSA). That may sound encouraging, but it is doubtful that the actual rule and background information consisting of more than 1,200 pages makes the designation any easier. The rule only clarified the factors to consider that are still open to interpretation. Why does this designation matter? There is a financial incentive to declare a worker an independent contractor. But declaring that designation does not make it so under the law. If a worker is deemed to be an independent contractor, the employer is not […]
February 29, 2024
Published by Curtis Rostad on February 29, 2024
Curtis Rostad on February 29, 2024If you ask business owners to make a list of things they dread, having to fire an employee probably ranks right up there with an IRS audit. Both can keep you up at night and make you wish you didn’t own the place. But as much as they might dread it, eventually, most business owners are faced with having to terminate an employee. This article is intended to help when you are faced with that decision. First, I believe that no employee should be fired by surprise. They may be shocked when you actually do it, but they should already know that their performance (or lack thereof) has not been acceptable and that their job was at risk before they are terminated. I recommend that you conduct periodic job reviews and/ or have a progressive discipline policy. By reviewing performance […]
April 18, 2023
Published by Curtis Rostad on April 18, 2023
Curtis Rostad on April 18, 2023If you grew up on a farm you probably learned that PTO stands for “power takeoff’ and that it is the connection point on a tractor for other implements and attachments. But today we will be talking about PTO as “Personal Time Off’ or “Paid Time Off’ as a system to replace the traditional vacation, sick leave, and personal leave policies that you may be presently using. Simply put, PTO combines vacation time, sick leave, and personal time into one “bank” of time-off available to your employees as the need or desire arises. Employees have more flexibility for a work-life balance while no longer having to be untruthful or deceitful when obtaining time-off. You don’t have to have a very large operation with very many employees before you will recognize that you have at least one “warrior” and one “wimp” […]
March 22, 2023
Published by Curtis Rostad on March 22, 2023
Curtis Rostad on March 22, 2023Each and every day, we use social media whether for business or personal needs. As owners and operators of funeral homes and cemeteries, what are the guidelines for implementing social media policies and can an employee be fired for the content they post? Our Director of Regulatory Compliance, Curtis Rostad provides his insights to this important question below. Question: Can an employee be fired for something posted on Facebook or other social media? Curtis Rostad: In an at-will state, an employee can be terminated for any reason that is not illegal. An employee could not be fired for instance, if they are directing their communication to other employees in an attempt to organize or unionize. An employee cannot be fired for a discriminatory reason. Some labor laws and whistleblower statutes protect workers who complain truthfully about unsafe work conditions, illegal […]
January 23, 2023
Published by Curtis Rostad on January 23, 2023
Curtis Rostad on January 23, 2023Have you wondered whether you need to pay employees while they are “on-call” for your funeral or cemetery business? This is a common question we have received when having this type of employee on your staff. Curtis Rostad provides his insights to this important question below. Question: Do I have to pay my employees to be “on call?” Curtis Rostad: In thirty-four states* most employees, including licensed funeral directors, must be paid hourly with overtime for work over 40 hours per week. That makes the “on-call” question especially important. The Wage and Hour Division uses two principles in addressing this issue. The first is “engaged to wait.” The employee is not performing duties, but they are unable to use the time effectively for his or her own purpose. For instance, if they must remain in the building to answer the […]
October 24, 2022
Published by Curtis Rostad on October 24, 2022
Curtis Rostad on October 24, 2022One of the most basic and widely held employment practices in the country is called “at-will” employment. At-will employment simply means that the relationship between employer and employee can be terminated at any time, by either party, for any reason. An employer can fire an employee without giving a reason and, likewise, the employee can quit for any reason or no reason at all. In addition, the employer is free to change any terms of employment, including pay, benefits, and working hours. While many believe this to be arbitrary and unfair, no employees would want to be in a position where they must work at a firm they do not like or cannot accept another job offer because they are obligated to continue to work where they are for some period of weeks or months. The opposite of an “at-will” […]
April 28, 2022
Published by Curtis Rostad on April 28, 2022
Curtis Rostad on April 28, 2022Have you ever been asked to provide information on your former employees? This is a common occurrence and can be complicated depending on what is being asked. Curtis Rostad provides his insights to this important question below. Question: I had a firm call me asking for information on a former employee who had applied for a job with them. I didn’t know what I could tell them. I have been told only to confirm that they used to work for us and their dates of employment. What is the law? Curtis Rostad: There is no federal employment law restricting what you can say about a former employee. The advice to disclose only employment dates comes from (overly) cautious attorneys that fear you might be sued by the former employee for defamation over what you might say. But you are not […]
January 27, 2022
Published by Curtis Rostad on January 27, 2022
Curtis Rostad on January 27, 2022Deathcare’s Confusing Terminology Funeral Service is not alone in seeing changes to the terminology we use every day. Just like airline stewardesses have become “flight attendants,” secretaries have become “administrative assistants,” and waiters and waitresses are now “servers,” we have progressed from “undertakers” to “morticians” to “funeral directors” and even “deathcare professionals.” Bodies no longer lie “in repose” or lie “in state.” We prefer “visitations” and “family farewells.” Hearses have become “casket coaches” or “funeral coaches.” “Tombstones” gradually became “monuments and markers.” Today, they are now “cemetery memorials.” We no longer “retrieve the body,” we now “remove the remains.” And for those who feel “remains” sounds too cold and uncaring, they use “bringing the loved one into our care.” We avoid the term “ashes” yet “cremains” never really took hold. The proper term is now “cremated remains.” It is interesting […]
October 27, 2021
Published by Curtis Rostad on October 27, 2021
Curtis Rostad on October 27, 2021Most employers are at least aware of the issue of independent contractor versus employee. But making the determination has never been clear. The Department of Labor issued a final rule clarifying the standard for independent contractor versus employee under the Fair Labor Standards Act (FLSA). That may sound encouraging, but it is doubtful that the rule consisting of more than 1,200 pages makes the designation any easier. In reality, the rule only clarified the factors to consider that are still open to interpretation. The effective date of the final rule was March 8, 2021. Why does this designation make a difference? There is a financial incentive to declare a worker an independent contractor. But declaring one independent does not make it so—under the law. If a worker is deemed to be an independent contractor, the employer is not required to […]