I have got a lot of inquires about wage and hour issues. I understand the law this way.
This is my opinion of the regulations, if you think you have an issue please consult directly with the US Department of Labor.
BRIEFLY Current wage law is, time and a half for every hour over 8 (eight) in one day
also time and a half for every hour over 40 (forty) in a week.
TIME AND A HALF IS 150% OF YOUR REGULAR WAGES
example your hourly wage of $20. per hour
example of your time and a half wage of $30. pre hour
EVERY EMPLOYER MUST KEEP TIME RECORDS AND EVERY EMPLOYEE MUST BE PAID OVERTIME, IT's THE LAW SINCE 1932. IF YOU HAVE BEEN CHEATED OUT OF YOUR OVER TIME TAKE IT UP WITH YOUR BOSS OR CALL AN ATTORNEY FOR ASSISTANCE visit http://www.dol.gov
Under the current law you can be salaried, but that is for an 8 hour day 40 hour week and anything over that: OVERTIME IS REQUIRED
Under the current law employees receive bonuses and other financial benefits, if the law is changed overtime pay/ bonuses and other financial benefits will be at the discression of the company.
Many are lobbying for Embalmers and Funeral Directors to be exempt from Federal Wage and Hour Regulations. What does this mean to you! If congress passes this legislation all licensed embalmers and funeral Directors will be on salary, the number hours you work will be irrelevant, We can all look forward to longer/shorter days at work. Since 1938 Licensed funeral service professionals have enjoyed/resented protection from the Fair Labor Standards Act and the proposed change will permanently exempt all licensed licensed embalmers and funeral directors from the minimum wage and overtime compensation requirements of that Act.
If your company is not paying you overtime now and you are engaged for the company over forty hours a week, your company has been breaking the law and you are due your overtime, for the past three years. For you folks out there who have been working for Dad and Mom, with a promise that this will be all yours some day, if they change their mind, you have no recourse to collect the money you are due for all those dedicated hours you have spent with Dad and Mom.
For you employees who work for the larger companies where there is no time clock and you have been promised promotion, should your promotion never come through you will have no Fair Wage and Hour Protection to collect the money you are due for all of your dedicated hours you have spent as a loyal company employee.
You can help yourself here (click on blue lines below)
Participate in the process! Write your congress member. Below are example letters to help you form your own letter.
1. I Want Fair Wage and Hour Protection
2. I do not want Fair Wage and Hour Protection
3. Congressional Member's Addresses By State
Date
Dear Senator:
PLEASE, DO NOT support S292
As a licensed funeral director/embalmer in your state, I strongly urge you to actively NOT support or co-sponsor, S. 292, a bill to exempt licensed funeral directors and embalmers from the minimum wage and overtime provisions of the federal Fair Labor Standards Act of 1934. The bill is sponsored by Senator Graham (R-SC).
Funeral Directors and Embalmers need the protection the Fair Labor Standards Act. Please encourage the depatment of labor to investigate funeral homes to insure compliance with the current Department of Wages. Many Funeral Home employees are cheated out of their fair wages now, please do what you can.
Thank you for your time
Your Name here.
Date
As a licensed funeral director/embalmer in your state, I strongly urge you to actively support and co-sponsor, S. 292, a bill to exempt licensed funeral directors and embalmers from the minimum wage and overtime provisions of the federal Fair Labor Standards Act of 1934. The bill is sponsored by Senator Graham (R-SC).
It is time that licensed funeral directors and embalmers be treated as professionals and set free from an archaic labor law that restricts the ability of employers and employees to negotiate salaries, bonuses and compensatory time, all of which are prohibited by the current law.
This is the 21st century, not 1934. We are professionals, not industrial workers.
Thank you for your support.
Your Closing:
Your Name
You are welcome, to write us with your comments, suggestions, complaints and especially stories about funeral service. Please remember only FSPA members will have information posted in the weekly update, it's easy click here ---> Mailto:Lowellma@aol.com Your participation is appreciated and essential.
FUNERAL SERVICE PROFESSIONAL ASSOCIATION does not share membership info with anyone, no one will be given your information with out your permission or a court order.
To Join the Funeral Service Professional Association you must derive some of your income from the funeral industry, students and retirees from the funeral profession are welcome as well, please e-mail the following information.
If you skip answering one of the seven questions, you are wasting your time, the standards are the same for everyone, FSPA is open to everyone in funeral service, we are all equals here no exceptions, FSPA will not tell anyone who you are unless you request your identity be disclosed, FSPA is only open to any type of Funeral Service Professional, or Funeral Service Affiliate such as: Funeral Association employees, Mortuary School Students, Funeral Service product providers and Funeral Service Media.
Accountants will tell you FSPA is a write off ! Please check with your accountant. If s/he approves Go get yourself a nice laptop and possibly write off your hardware as well as AOL or other Internet service charge as an expense, the more your participate in FSPA the more proof you have.
If you have a suggested question this please just send it along, none of FSPA 's mail will be possible with out your sending information into us,
To make life easier on me
First and foremost, Send your info or story in to FSPA.
2nd Please put on the top line your name and location, like "John from Massachusetts writes :"
3rd please address the subject line put:
This is just a hobby, if you send and don't address the subject line with FSPA, it usually delete it because it looks like junk mail, FSPA get over 50 pieces of mail a day, most gets deleted, THE SUBJECT LINE is the key so please, use the subject line properly. Put FSPA in the Subject line along with the flavor of your message.
PLEASE PLEASE PLEASE the posting(s) you send are some times resent to others be careful, if you are proud of what you said and want the world to know how you feel Put your name, location and e-mail address at the end.
However If you don't want the world to know your ideas and you want to remain anonymous, just put name withheld at the end. FSPA does not reveal who its members are nor does FSPA lend it's list of members to others. There is no need to identify yourself. If you are not proud of your response (like the air line lost a body on us) it is not recommended you identify yourself, since we can all learn from problems. We need your input! Your answers go all over the place, E-mail is so easy to forward. We are happy to learn from your problems and issues, there is no need to identify yourself if you don't want to, South Western United States if just fine.
If the article you want is from a commercial publisher YOU MUST get permission from the person or company who created the story.
Because e-mail can be altered electronically, the integrity of this communication cannot be guaranteed. Any of the items you read here, you are free to reuse, understand, the postings are just that, the items are for the most part cut and pasted from E-mail, others FAXed and of course from funeral publications and other media. What you see here is never checked, if you do decide to republish or quote any thing FSPA puts out, check it out, please do not name the individual who sent the article without their permission. If you see fit to use any information from FSPA please give us credit. Ages ago a state association news letter posted a quote using the senders name, she was not a happy camper nor was her company, please use caution in the future. We appreciate your understanding and we need your support.
Consider these steps for your life.
1. Work like you don't need the money.
2. Love like you've never been hurt.
3. Dance like you do when nobody's watching.
C YA
John
BOTTOM LINE: WE ALL WORK FOR THE BETTERMENT OF FUNERAL SERVICE, THE CONSUMERS WE SERVE AND THE PROFESSIONALS WE WORK WITH. IF YOU SEE ANYTHING WRONG, IF SOMETHING HERE REALLY OFFENDS YOU, LET'S WORK TOGETHER. PLEASE NOTIFY FSPA IMMEDIATELY, YOU CAN E-MAIL TO lowellma@aol.com Or call FSPA in the United States Voice 978-458-6816 Fax 978-459-0115 or the old fashioned way through the mail at FSPA c/o 14 Highland Street Lowell, Massachusetts 01852-3399 USA
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