FS Law

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studytaz
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200571
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FS Law
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2013-02-16 16:39:20
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FS Law Exam 3
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  1. funeral homes must make their facilities accessible to disabled members of the public and also imposes detailed regulations on the treatment of employees and applicants for employment who have disabilities.
    • Requirements
    • American with Disabilities Act
  2. funeral homes who employ 15 or more employees for each working day in each of 20 or more calendar weeks in the current or the preceding calendar year, is covered by the employment provisions of the ADA
    • Coverage
    • Americans with Disabilities Act (ADA)
  3. to prohibit employers from discriminating against disabled individuals
    • Purpose
    • Americans with Disabilities Act (ADA)
  4. any physical or mental impairment that substantially limits one or more life activities.
    • Disability
    • Americans with Disabilities Act (ADA)
  5. if an individual can perform the essential functions or duties of a job without reasonable accommodation
    • Functions
    • Americans with Disabilities Act (ADA)
  6. usually determined on a case-by-case basis; it takes into account not only financial difficulties but any substantial or disruptive interference caused by the accommodation.
    • Undue Hardships
    • Americans with Disabilities Act (ADA)
  7. Established in 1984; to give consumers the right to select only the goods and services they wish to purchase; to provide consumers access to itemized price information prior to purchase; and to prevent misrepresentations and unfair, deceptive practices in the sale of funeral goods and services.
    Federal Trade Commission
  8. Created to insure consumers who are provided credit by bank and businesses to be
    fully apprised of all aspects of the credit arrangements.
    Federal Truth in Lending Act
  9. 1. Must be a creditor who extends consumer credit more than 25 times in a year

    2. Extends credit to a consumer (natural person; does not include companies, trustees, guardians, administrators, or executors)
    • Truth-ln-Lending Disclosures test:
    • Federal Truth in Lending Act
  10. 1. Amount financing
    2. Finance charge
    3. Annual percentage rate
    4. Payment schedule
    5. Total of payments
    6. Total sales price
    7. Pre-payment penalty or rebate
    8. Late payment
    9. Security interest
    • Required Disclosures:
    • Federal Truth in Lending Act
  11. enacted by Congress in 2000 - imposes privacy regulations on financial institutions. lt provides the consumer of financial institutions the ability to control how and by whom private financial information they supplied to the institution will be used. The federal Trade Commission does not regard funeral homes as financial institufions unless a funeral home routinely uses retail installment contracts.
    Gramm-Leach Bliley Act
  12. a federal statute which governs express and implied warranties
    Magnuson-Moss Warranty Act
  13. Federal enforcement agency enacted to ensure that employers follow and abide by rules set forth in the Civil Rights Act of 1964. Under the act emplofers must not deny employment or promotions based on someone's race, religion, sex, or national origin. The EEOC handles all claims of discrimination within the workforce and will investigate and prosecute all violators. The agency is also in charge of implementing anti-discrimination laws to protect employees from unlawful actions.
    Equal Employment Opportunity Commission (EEOC)
  14. Covers three areas:
    1. Minimum wage
    2. Overtime compensation
    3. Equal pay
    Fair Labor Standards Act (FLSA)
  15. one who contracts to do jobs and is controlled only by specifications of contract; they perform specialized services on an irregular basis; pallbearers, bookkeepers, limousine drivers and trade embalmers may be independent contractors if the details of their job is not dictated by the funeral home
    Independent Contractor
  16. also known as a fluctuating workweek agreement; it permits an employer to pay half time for overtime rather than time and 1/2
    Variable Workweek Agreement
  17. the failure to comply with state funeral establishment requirements
    Grounds for revocation of an Establishment's License
  18. misleading or deceiving advertising
    Grounds for revocation of an Establishment's License
  19. solicitation of dead human bodies
    Grounds for revocation of an Establishment's License
  20. the failure to provide licensed personnel
    Grounds for revocation of an Establishment's License
  21. willingly falsifying records
    Grounds for revocation of an Establishment's License
  22. fraudulent certificate, license or diploma
    Grounds for revocation of an lndividual's License
  23. altered license, certificate or diploma
    Grounds for revocation of an lndividual's License
  24. misleading advertising
    Grounds for revocation of an lndividual's License
  25. false statements used to obtain a license
    Grounds for revocation of an lndividual's License
  26. soliciting or employing solicitors of dead human bodies
    Grounds for revocation of an lndividual's License
  27. removal or embalming without permission
    Grounds for revocation of an lndividual's License
  28. conviction of a criminal act involving a felony
    Grounds for revocation of an lndividual's License
  29. use of indecent or obscene language in the immediate hearing of the family
    Grounds for revocation of an lndividual's License
  30. unfit by reason of substance abuse
    Grounds for revocation of an lndividual's License
  31. unfit due to a state of insanity
    Grounds for revocation of an lndividual's License
  32. performing service outside your authorized limits
    Grounds for revocation of an lndividual's License
  33. refusing to surrender a body when properly ordered to do so
    Grounds for revocation of an lndividual's License
  34. willful false statement on a death certificate
    Grounds for revocation of an lndividual's License
  35. un-trustworthyness in financial dealings
    Grounds for revocation of an lndividual's License
  36. failure to fullfil continuing education requirements
    Grounds for revocation of an lndividual's License
  37. Qualifications for a Funeral Director/Embalmer's license
    • 1. certificate
    • 2. citizenship
    • 3. residency
    • 4. moral & legal character
    • 5. formal education
    •    a. high school or equivalency
    •    b. college
    •    c. American Board of Funeral Service Education Accredited
  38. across state lines
    lnterstate
  39. within a state
    lntrastate
  40. Reciprocity
    • 1. it is determined by individual states
    • 2. special arrangements may exist between or among certain states
    • 3. the state may issue a temporary permit to a licensee of another state
    • 4. a permanent license may be issued to a licensee of another state if certain requirements are met or an exam is passed
    •    a. after a probation period
    •    b. upon review by the Board
    •    c. upon successful completion of examination(s)
  41. a) Material data safety sheets
    b) Container labeling
    c) Employee raining
    d) Written hazard communication program
    Hazard Communication Standard
  42. Primary Responsibility:
    1. Implement safety and health programs
    2. Provide research into occupational safety
    3. Record keeping system to track job related injuries and illness
    4. Establish training programs
    5. Develop and enforce job safety and health standards
    • Occupational Safety and Health Act (OSHA)
    • Enacted in 1970 by Congress.
  43. Situations that are considered to exceed the limitations of funeral directors/embalmers
    • 1. removal of remains without authority
    • 2. embalming without authority
    • 3. conducting funeral without authority
    • 4. disposition of remains without authority
    • 5. mutilation in preparation or restoration of remains

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