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 […]