Ask the Expert

Each 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 […]

Have 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 […]

Pricing is always a hot topic. When it comes to vendors setting pricing for items such as caskets, do you have to accept their price structure, or can you make changes as you see fit? Gabe Ngo provides his insights on this important topic. Question:  Do I have to accept the prices the casket vendor set? Gabe Ngo:  The short answer is no, you do not have to accept the casket vendor’s pricing they set.  There are so very many angles in answering this question, but I will keep it grounded and simple.  Often times historically, owner-operators have not always made pricing changes to reflect the “October 1st” pricing changes that have typically come from Batesville or Matthews annually.  However, over the past fifteen to eighteen months or so, funeral home owner-operators have seen a variety of “temporary surcharges” (which […]

We want to continue to provide you with insight and guidance on Pricing. For this month’s column, we spoke with Doug Gober again as he answers more popular pricing questions. Continue reading below as we provide information on competitor pricing. Question: Should I set my prices lower than my competitors to gain market share? Doug Gober: The critical factor when determining your pricing should be how you want to be seen in the marketplace. Since the funeral and cemetery market is segmented, it is a challenge to be all things to all people. It would be in your best interest to focus only on your business and define who you want to be in the marketplace rather than what your competitors are doing. This idea of determining your position is certainly more important than seeing what your competitors in the market […]

It is not surprising that the transaction environment is still as fast paced as it was this time last year. We were recently asked about the current environment and what to consider when deciding to sell your funeral business. Chris Cruger provides his insights on this important topic. Question: I am considering selling my funeral home in 2022. What does the current environment look like and what should I be considering when selling my business? Chris Cruger: First and foremost, if you want to do anything in 2022, you need to get the ball rolling immediately. The end of the year will be here before you know it and there is no time to waste. We discussed this very topic during the 2022 Funeral (un) Conference and it also introduces a number of other considerations. The first is, are you […]