Introduction
Managing employees can be challenging. It can be especially difficult for funeral directors and other licensed professionals, who often serve in multiple roles and are subject to vicarious trauma. Fortunately, there are effective strategies that can be easily learned, keeping funeral homes in compliance and out of court.
This educational seminar will teach funeral professionals some of the history and public policy behind labor laws, especially the Fair Labor Standards Act (“FLSA”), and provide practical strategies for effective employee management. We will discuss recent changes, court challenges, and their effects on funeral homes with employees, whether those employees are exempt or non-exempt.
Contact Hours: 2 Law
Course Outline
Introduction of Speaker and Presentation Goals
Why This Course Now
- Employees are more aware than ever of their rights and your responsibilities.
- Funeral homes have been in the public eye since the Bostock case
- We’ve seen an increase in the number of cases filed against employers.
Course Goals
- Ensure compliance with relevant labor and employment laws
- Set clear expectations for you and your employees
- Reinforce desired behaviors for a more peaceful and productive workplace
Introduction to Fair Labor Laws
- The purpose of Fair Labor Standards Act (“FLSA”) is to federally-mandate:
- a minimum wage
- maximum hours for a work week
- standards regarding overtime pay, pay equality, record-keeping, and child labor
- In its original form, the 1938 FLSA guaranteed a $0.25 minimum wage and a maximum 44-hour work week.
- Before the 1933 New Deal and The Great Depression, the Supreme Court had struck down as unconstitutional child labor and minimum wage laws. See Hammer v. Dagenhart, 247 U.S. 251 (1918)(Commerce Clause) Adkins v. Children’s Hospital, 261 U.S. 525 (1923)(due process)
Exempt Employee v. Non-Exempt Employee
- FLSA Advisor
- Primary duty consists of office or non-manual field work directly related to management policies or general operations
- Customarily and regularly exercises discretion and independent judgment
- Regularly and directly assists (in bona fide executive or administrative capacity or under general supervision) work along specialized or technical lines requiring special training, experience or knowledge
- Paid for their services on a salary basis, inclusive of board, lodging, other allowances and facilities, of not less than $1,124.20 per week, or $58,458.40 ($1,200.00 in NYC, or $62,400.00 per year)
Other “Fair Labor” Laws
- Title VII of the Civil Rights Act of 1964
- New York State Human Rights Law (NYSHRL)
- New York City Human Rights Law (NYCHRL)
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Civil Rights Act
- Employment Retirement Income Security Act (ERISA)
- Equal Pay Act (EPA)
- Family Medical Leave Act (FMLA)
- National Labor Relations Act (NLRA)
- Occupational Safety and Health Act (OSHA)
- New York State (NYS) Construction Industry Fair Play Act
- NYS Wage Theft Prevention Act
Legal Essentials for Funeral Home Managers and Owners
Legal Presumptions Regarding Employers (and the Managers Who Work for Them)
- More powerful position
- More knowledgeable
- Assumed the risk (higher standard and due of care)
Workplace Safety and Negligence Mitigation
- Negligence and foreseeable harm
- Mandatory Workers Compensation coverage for workplace injuries
Discrimination and Harassment Prevention
- General duty to provide a physically and emotionally safe workplace
Practical Strategies for Effective Employee Management
Hiring and Expectations
- It is your responsibility to ensure employees are properly trained.
- Don’t rely solely on licensure.
- Hire slowly, fire quickly when necessary.
Ethical Decision-Making in Employee Relations
- Model the ethical standards you want your employees to emulate.
- Navigate diverse lived experiences with empathy:
- Identify weaknesses in employee management
- Resolve workplace conflicts timely and completely
- Create employment as a mutually beneficial partnership
Review
- Develop a relationship with an employment attorney to maintain compliance.
- Remember your legal duty to provide a physically and emotionally safe workplace for your employees.
- Clearly communicate expectations and reinforce desired behavior consistently.