HR management

September 29, 2022

HR Reality Check: Case Study #24

Scenario: Troy and Tammy Lexington run Lexington Funeral Home & Cemetery, a generational funeral home/cemetery combo in the southern United States that has served their community for almost 100 years. Currently they serve more than 600 families a year with case count on an upward trend. Troy and Tammy bought the business from Troy’s father and uncle 10 years ago. They are both licensed funeral directors but find a significant portion of their time is spent managing the business. However, they still roll up their shirt sleeves to help with daily tasks as needed. Several of their employees were inherited when they purchased the business and have many years of experience in the funeral industry in various positions throughout the operation. Their business has grown steadily over the years, leading them to increase their staff. A few of the “original” […]
June 26, 2022

Legal Check: Who Is Entitled to Preneed Growth?

Scenario: Rico Funeral Home & Cremations has been successfully growing market share since it first started serving the community in southern Ohio over six years ago. Owner/operator Bernardo (“Bernie”) Rico had primarily focused on serving at-need calls because of his operational growth strategy and because of its immediate impact on cash flow. However, Bernie’s families had been inquiring more and more about preplanning and preneed, so Bernie partnered with a third-party preneed insurance provider a little less than two years ago. Bernie’s strategy was to actively sell preneed to areas of town or zip codes where his business was not already drawing at-need business and more passively to parts of the community where the at-need business was already coming from. Results have been pretty good, with Rico Funeral Home & Cremations building up a solid backlog of its preneed book […]
March 29, 2022

HR Reality Check: Case Study #23

Scenario:  Remember Sally and Steve Mooney from HR Case Study #22?  They own Weacrematieu Cremation and Funeral Services located in the Southeastern United States.  The Mooney’s have a thriving business in an area that is experiencing a growth in population as it is very attractive to both new businesses and potential employees.  Weacrematieu case volume has been increasing year over year.  Long-term employee retention has been a key focus for Sally and Steve which has led them to develop very attractive benefits and compensation packages.  As part of their initiatives, they created an employee handbook and specific policies related to various benefits offered to employees.  These policies include health, dental, and vision insurance, paid sick leave, vacation leave and a retirement plan.  Within the employee handbook, the policies specifically outline how each benefit is provided or where to seek more […]
December 21, 2021

Legal Check: Funeral Home Negligence

Scenario: Ibanez Family Funerals & Cremations has been a successful family-owned funeral home business in Texas for the past 17 years. Due to the continued rising cremation rates in his market, Richard Ibanez decided to build out and expand his prep room space along with having a cremation area and retort installed about three years ago. Along with being licensed funeral directors, Richard’s two sons, Bill and Ricky, are also responsible for managing the prep room and the crematory, respectively. The Ibanez family has continued to serve their community extremely well with both their funeral and cremation service offerings. Unfortunately, Ibanez Family Funerals & Cremations has been dealing with two very angry families who might threaten to bring lawsuits against them. Both families have the last name of Smith. Adam Smith was a 28-year-old male who died in the line […]
October 27, 2021

Hiring for Your Business?

Most 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 […]
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