FS Law

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.

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

to prohibit employers from discriminating against disabled individuals

any physical or mental impairment that substantially limits one or more life activities.

if an individual can perform the essential functions or duties of a job without reasonable accommodation

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.

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.

Created to insure consumers who are provided credit by bank and businesses to be
fully apprised of all aspects of the credit arrangements.

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)

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

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.

a federal statute which governs express and implied warranties

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.

Covers three areas:
1. Minimum wage
2. Overtime compensation
3. Equal pay

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

also known as a fluctuating workweek agreement; it permits an employer to pay half time for overtime rather than time and ¹/₂

the failure to comply with state funeral establishment requirements

misleading or deceiving advertising

solicitation of dead human bodies

the failure to provide licensed personnel

willingly falsifying records

fraudulent certificate, license or diploma

altered license, certificate or diploma

misleading advertising

false statements used to obtain a license

soliciting or employing solicitors of dead human bodies

removal or embalming without permission

conviction of a criminal act involving a felony

use of indecent or obscene language in the immediate hearing of the family

unfit by reason of substance abuse

unfit due to a state of insanity

performing service outside your authorized limits

refusing to surrender a body when properly ordered to do so

willful false statement on a death certificate

un-trustworthyness in financial dealings

failure to fullfil continuing education requirements

Qualifications for a Funeral Director/Embalmer's license

across state lines

within a state

Reciprocity

a) Material data safety sheets
b) Container labeling
c) Employee raining
d) Written hazard communication program

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

Situations that are considered to exceed the limitations of funeral directors/embalmers