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I got a copy of a Professional Legal Newspaper, "THE INDIANA LAWYER" I read the article written by Abigail Johnson, my understanding is: BATESVILLE has got a preliminary injunction against seven former employees who violated their non-compete agreements, The published report says a complaint was filed in the United States District Court Southern District of Indiana BATESVILLE Casket Company Inc. v. Richard J. Boudreau et al., No. 1:03-cv-1473, the seven salespeople were all long term employees reports say they were well compensated but no salary figures were published. The report continues that these employees were entrusted with confidential information about the company, such as customer identities, their credit and sales histories.
Each of the men has a position lined up with MILSO, it is alleged some of these men already are working for MILSO. Batesville is charging that the men used Batesville's information to MILSO's advantage and therefore violated the non-compete agreement each of the men had made with BATESVILLE.
One of the big issues is one of the men who left BATESVILLE for MILSO was a regional manager. Another issue is information was taking from BATESVILLE and shared with MILSO, the shared information is being could be considered trade secret. BATESVILLE's Atty. Maley reportedly said "the defendants knew of the agreements when they joined MILSO, Maley reported eh had handled dozens and dozens of these matters, he is astounded at the things people will do. BATESVILLE is moving for a summary judgment. Atty Mark Merkle is representing the seven against BATESVILLE Merkle reportedly said his clients have honored the terms of their agreement, one of the agreements has already expired, he thinks there has been no evidence presented that any of the defendants violated the contracts.
Adding ingredients to the argument is alleged that BATESVILLE did not compensate an employee for the balance of his contract after he submitted his resignation, thereby failint to satisfy the conditions necessary to recover under breach of contract.
In his conclusions Judge Young however found that the scope of time imposed in the non-compete agreements is reasonable and that the scope of activity restricted is also reasonable and within Indiana Law. BATESVILLE's atty reportedly said all seven employees were happy at BATESVILLE and were certainly lured away by MILSO offering them more. Employees forget from time to time their obligations to employers
The Indiana Court found that all seven employees didn't honor their agreements, BATESVILLE's Atty. Maley said his practice in non &endash;compete agreements has recently grown, he said there is a general myth that non-competes aren't worth the paper they're written on, and there's been faulty advice given to defendants.
In a message dated 6/17/04 10:54:26 AM, Mike Flynn in Boston sends us:
Sunset burials may be the latest request to evolve from President Ronald Reagan's funeral last week, but Quad-Citians won't have twilight burials anytime soon.
Burials in the Quad-Cities fall under rules and regulations of local cemetery boards, which set policies and negotiate contracts with their groundskeepers, gravediggers and vault companies, cemetery officials said Wednesday.
Graveside ceremonies in the Quad-Cities must be held by 3 or 3:30 p.m. on weekdays or on Saturday mornings so workers have time to close the vault and the grave. Closing a grave in the dark with heavy equipment would not be that safe, cemetery spokesmen said.
To have a twilight service like President Reagan's would call for new rules and labor agreements with the burial service contractors, said Todd Slater, sexton for Moline's Memorial Park and Riverside cemeteries.
"We stop burials after 3," Mr. Slater said. "We do that because our laborers, the vault men and the gravediggers like to close the grave by 3:30 so they are done by 5 and go home."
Similar rules apply at Chippiannock Cemetery in Rock Island, where graveside services must be done by 3:30 p.m., said Tracey Baker, cemetery secretary.
"That's the way the board set it up," she said. "It's been like that a long time."
Chippiannock staff work from 8 a.m. to 4:30 p.m., she said.
Most Quad-Cities cemeteries are privately owned and operate like an 8-to-5 business, Mr. Slater said. Funeral directors, however, operate 24 hours a day, seven days a week and charge a comparable fee. Mr. Slater said he's quite happy to leave work at 5 and go home to his family.
Like anything else, if sunset burials caught on, the public might force cemeteries to change, Mr. Slater said.
"If any cemetery does jump on it, it would be at a hefty price," he said. "Overtime is atrocious."
Mulry's Funeral Homes to Change Hands
June 10, 2004
By Jim O'Sullivan Dorchester's funeral home landscape was altered significantly this week, as two venerable funeral homes were marked for closure, their properties put up for sale, and their customers sent elsewhere. The John C. Mulry Funeral Homes, landmarks on Neponset Avenue near St. Ann's and King Street near St. Mark's for decades, will shut down later this month, according to their funeral director, Matthew Sterling. Alderwoods, the North American funeral service giant and Mulry's Toronto-based parent company, reached a tentative agreement on Tuesday to sell the business to Neponset's O'Donnell Funeral Home, with plans to sell the property to other buyers, according to Alderwoods and O'Donnell officials.Mulry's clients were mailed a letter last week informing them the homes would close on June 19. According to Alderwoods, all prepaying customers can either receive a refund or an assignment to another facility. Joseph O'Donnell, owner of the funeral home, declined to comment on a figure until the sale has become official, and said he hadn't decided yet how to incorporate the Mulry's name into his."We've entered into a verbal agreement for us to purchase the names, the phone numbers, the records, basically any of the non-property assets," O'Donnell said Wednesday. O'Donnell said his purchase includes a list of "pre-need" wake and funeral arrangements - services paid for prior to a client's death. Estimates for the size of this list ranged between 50 and 80 clients.Meanwhile, owners of the O'Connor and Son Funeral Home on Adams Street began efforts to encourage former Mulry clients to transfer to their services. "We will accept and honor any prearranged funeral contracts that exist with our firm," the company said in a public letter. John Lajoy, Alderwoods manager of corporate development, said his company decided to close the Mulry's sites after reviewing their books and finding buildings in need of repair and a "small volume" of business. He said Alderwoods would attempt to guide customers through the process. Initially, several customers said, they were encouraged to move their business to Richardson-Gaffey Funeral Home in Scituate."The customers are well looked after," Lajoy said during a telephone interview Tuesday.According to several sources, Alderwoods is seeking $2.2 million for the two properties.John C. Mulry founded the home in 1933 and, after he died in 1951, his wife, Anna, took over the business. During the 1960s, Mulry's was the busiest funeral home in Dorchester. After Anna Mulry died in 1990, her brother Larry McLaughlin ran the business until his death in 1995. Sterling said Alderwoods bought the business and property from the estate of Larry McLaughlin in 1997.Reasons for declining business at Mulry's range from the family's waning involvement over the years to population trends in the neighborhood, according to funeral service industry insiders.Paul O'Connor, owner of O'Connor and Son Funeral Home, said his business has remained healthy, directing 160 funerals annually. He said some urban funeral homes have suffered, though, victims of the same demographics changes that Boston Catholic Archdiocesan churches have seen, resulting in reduced revenues and declining population.The Rev. Walter Keymont, pastor of St. Ann's, agreed."A lot of the older people have moved out, and will continue to do so if the rents and home prices keep increasing," Keymont said. For the Rev. Paul Ring, St. Mark's parochial vicar, the Mulry's closing represents "a sign of corporate America kind of once again squeezing out the little guy. It's unfortunate that a corporation, outside looking in, doesn't see Mulry's as a community entity."O'Connor said the initial notion of driving to the South Shore instead of a neighborhood locale would likely have angered Dorchester clients."In New England, especially the Boston area, people are used to dealing with people they've dealt with for years. They're used to dealing with a neighborhood funeral home and not, per se, a Wal-Mart funeral home," O'Connor said. Both O'Donnell and O'Connor insist alarms about corporate raiders are premature, saying they plan on preserving their stake in the neighborhood. Large funeral service corporations like Alderwoods made a run at small, privately-owned and -operated businesses in the 1990s, they both said, but eventually recognized the industry is tinged by an emotional, sentimental aspect.O'Donnell said he expects his purchase of Mulry's to help bolster business. "We'll be the only funeral home in Neponset, and this returns the Mulry name to a family-owned business," he said. O'Donnell acknowledged that his company "had some real estate issues, but they're taken care of," referring to mortgage problems he said have been solved, and said he was waiting for the paperwork from Alderwoods to send to his lawyer.For a community still reeling with the trauma of threatened and actual parish closures, the Mulry's news struck many local Catholics as more unwelcome change."It's not like it doesn't make a difference where you're waked," said Judy Greeley, parish secretary at St. Mark's. "It makes a big difference. I think that's the Irish-Catholic in us."For Jim Trabucco, a lifelong Dorchester dweller and Neponset Avenue resident since 1983, the Mulry's sale means a new neighbor across the street, and a new place for his family to pay its last respects."My father, my father-in-law, my mother-in-law, my sister-in-law," Trabucco said, listing family members who had been waked at Mulry's. "I was expecting, when my mother does go - which is hopefully a long time - her, and then me, my wife, my kids."Alderwoods sent a letter last week to Trabucco informing him that the pre-arranged insurance plan for his mother's eventual passing would be transferred to the funeral home of his choosing. Trabucco spoke with O'Donnell, and agreed to move his business there."I will go with him because I want to keep it in the neighborhood," Trabucco said, standing on his front steps and gazing across at the empty Mulry's building. "What are they going to do? They're going to tear it down, and condos are going right there."
In a message dated 6/16/04 9:58:12 PM, Graham in Ohio writes us:
A good week for Batesville - We all saw President Reagan's casket the Marsellus Masterpiece, reports are Singer Ray Charles family choose Batesville's Montrechet.
In a message dated 6/18/04 11:28:42 AM, Steve in New York writes:The casket President Reagan was in was a true Marsellus made in Syracuse, NY! Not a batesville knock off. It was ordered just a month or 2 before the SCI shutdown of Marsellus!
I am hired of batesville taking credit of this and many others funeral related events but the one that helped put almost 400 people out of work in Syracuse, NY with their little deal with SCI.
thank you.
In a message dated 6/15/04 9:25:56 PM, David in New York writes: John there is no date on this, but it looks like Sen. Dodd was or is looking at funeral service
Survey of State Regulators - Regulation of Funeral Homes (GAO-03-831SP)
To Mr. Bob Boetticher, I and every funeral professional I know are most proud you. You made us all proud.
Very Truly
John McDonough
Founder of FSPA
In a message dated 6/9/04 7:58:04 PM, Mike Flynn in Massachusetts sends us:
Simi Valley , Ventura County -- He was the last person to lay eyes on Ronald Reagan.
On Saturday night, hours after the former president was transported to a Santa Monica funeral home, Bob Boetticher went to work. He had trained for this day all his life, since deciding as a teenager that he would be a funeral director. With Secret Service agents outside the door, he began to care for a man he respected in life and was now responsible for in death.
Boetticher, stout and watchful, would do far more than prepare the president's body for burial: He organized the paperwork, helped the family select an appropriate casket, worked with a dozen security agencies, drove the hearse in a miles-long procession, even pressed the American flag that drapes the coffin.
This ordinary citizen was called on to manage an extraordinary event that will culminate Friday with the sunset burial in Simi Valley of the nation's 40th president. In interviews at the funeral home and the Ronald Reagan Presidential Library earlier this week, Boetticher, 59, had tears in his eyes as he talked about "the honor of a lifetime."
Preparations for the state funeral, the first since Lyndon Johnson's in 1973, have been in the works for two decades. Boetticher, a specialist in his field, has known for some time that he would oversee Reagan's funeral services on the West Coast. He lives in Texas and works for a company that assists the government in high-level funerals.
He couldn't have known, though, how it would feel to be in a room alone with a man he had revered, a man who rose from humble roots to world leader; how it would look to drive the presidential hearse along a freeway and watch as red flower petals fluttered toward him, dropped from crowds on overpasses; and how he would alternate between experienced undertaker and unflappable diplomat.
Boetticher was at home in Houston with his wife when he got the call from a Reagan family representative telling him to get on the next plane to Los Angeles. When he arrived at the Gates Kingsley & Gates funeral home later in the day, the former president's body was already there. Reagan had died at home in Bel Air at around 1 p.m. He was 93 and had battled Alzheimer's for a decade.
Boetticher is director of special projects for the Houston-based Service Corp. International and regularly works with the U.S. Army Military Division of Washington which, among other things, oversees Arlington National Cemetery and organizes political funerals. He selected a team of six colleagues to assist him in Santa Monica.
In the most general sense, taking care of a president in death is not unlike caring for an average deceased person.
"There's a lot of paperwork, the family has to make decisions, and I have to help the family through the most difficult time in their lives," said Boetticher, who has limpid blue eyes, brown hair salted with gray and hands dotted with pale freckles.
In every other way, the experience is incomparable. He is working with the Reagan family, representatives of the Reagan family, famous friends of the Reagan family, officials from the White House and the Military Division who are handling services in Washington, the Secret Service, the FBI and local and state police.
"I am doing all of these things aware that the world is watching," Boetticher said. "I have to do everything right. I am representing the family, my firm, my fellow funeral directors. And I am working out of personal respect for a man I consider one of the greatest leaders of the 20th century."
Boetticher spent Sunday coordinating events with Joanne Drake, the Reagan family chief of staff. By early Monday, media from around the globe had encircled the funeral home in Santa Monica and police barricades kept crowds at bay.
Boetticher, dressed in black suit, white shirt and red tie, ran the show. When Nancy Reagan and family arrived at the funeral home chapel, it was Boetticher who opened the door and led them inside. When the president's casket was carried out by honor guards, Boetticher was the one who would gently push the coffin all the way into the hearse and close the door.
As the crowd cheered for the former first lady, Boetticher slipped behind the wheel of the Cadillac hearse. Right on schedule, the procession departed the funeral home, with Boetticher leading the way. Reaching the hillside presidential library by 11 a.m., the closed casket was on view to the public beginning at noon.
"This is the pinnacle of my career and very emotional," Boetticher said late Monday afternoon. Wearing an earphone required by the Secret Service, his cell phone constantly ringing, Boetticher sat down for his first break in days. He took a seat at a picnic bench in an area off limits to all but a few.
"I took an aptitude test in high school," Boetticher said. "There were a hundred or so different occupations, from pilot to real estate agent. Mine came up funeral director."
Like the man he is helping to bury, Boetticher is self-made. And he is Republican.
Born and raised in Santa Monica, he was hired out of high school by a company that provided services such as pallbearers or hearses to local funeral homes. At 19, half way through mortuary school, he was drafted during the Vietnam War. He served in Germany as an embalmer of Americans killed overseas
It was there when he met his wife, a Czech who didn't speak a word of English. Thirty-five years after their wedding, the two have three grown children. His oldest son, Bob Boetticher Jr., followed him into the business.
"He started cutting grass at funeral homes when he was 13," Boetticher says proudly.
Looking around the library lawn, not far from the president's future burial site, Boetticher said he hasn't had time to feel exhausted. Since arriving in California, he has had brief conversations with his wife, who he says, "supports me in everything I do." His diet has consisted of Krispy Kreme donuts and he remembers eating "some sort of sandwich." He's lucky if he gets two hours of sleep a night. His phone rings constantly.
Through it all, he remains composed, as though his daily dealings with death have inured him to everyday stress. His jacket remains buttoned. He is determined, he says, to suffuse death with dignity.
Early this morning, Boetticher will be back behind the wheel of the hearse to transport the president's casket from the library to a naval base to be flown to Washington. On Friday, Boetticher will be the one to return the casket to its final resting place.
Heading back into the library, to go over plans and talk with his team, Boetticher said, "People think my business is about the dead. It's not. I'm here to serve the living, the family, as well as a life well lived."
Solemn ceremonies and a riderless horse
The past instructs the present when the United States carries out a state funeral, establishing a template that officials and family use in planning the ceremony. A look at elements of President Reagan's state funeral, their place in history and some of the terminology:
In a message dated 6/14/04 6:22:31 PM, Louise in Connecticut writes: John this has no date, but it is interesting
Family arrested for stealing prestige cars for cousin's funeral
Seven members of the same family have been arrested in Chile for stealing luxury cars to attend a relative's funeral.
Police arrested five adults and two children in Antofagasta with a Rolls Royce, a Bentley, an Aston Martin and a Land Rover.
They told officers they were not criminals but had needed the cars to attend the funeral of a cousin.
La Cuarta newspaper quoted one of the family as saying: "We wanted a very nice and big funeral so everyone could see how much money we had spent on it."
A police spokesman said: "They thought they were doing something noble and even said they intended to give the cars back once the funeral was over."
In a message dated 6/14/04 6:16:32 PM, Louise in Connecticut writes:
A Shelton Connecticut man who ran a funeral home and was heavily involved in town affairs was killed in an accident in front of his business Monday.
Joseph Pagliaro, Sr., died when he was hit by a car while coming out of the Riverview Funeral Home at 390 River Road, Shelton police said.
According to authorities on the scene, two cars collided in front of the funeral home. One of them, a Mercedes Benz, travelled into the portico entrance of the home and struck Pagliaro who was coming outside.
Pagliaro was trapped under the car until firefighters arrived and lifted the car off of him. He died at Griffin Hospital in Derby.
Along with his work at the funeral home, Pagliaro was also on the town Planning and Zoning Commission and was vice chairman of the Shelton Economic Development Corporation. He was also involved with Boys and Girls Club, and the Birmingham Group shelter for women.
News Release
Date June 9, 2004
FOR IMMEDIATE RELEASE
Contact: Ed Irwin, President of Cremation Technologies, Inc.
toll free: 1-877-874-5551
email: edirwin@cremationtechnologies.com
url: www.infinitymemorialsystems.com
Creter Vault Corporation Assigned Infinity Memorial Systems™ Master Distributorship
Cremation Technologies, Inc. (CTI) has appointed Creter Vault Corporation as the master distributor of Infinity Memorial Systems™ (IMS) products in New Jersey, eastern Pennsylvania, southwest Connecticut and the greater New York metropolitan area.
Creter Vault Corporation, located in Flemington, NJ, is a fifth generation business that has provided quality cemetery vaults and memorials to families since 1918. Said CTI president Ed Irwin, "We demand the highest levels of professionalism and business ethics from IMS distributors. Creter Vault Corporation exceeds all of our expectations for servicing our columbarium customers".
Infinity Memorial Systems™ include a compact line of niches, urns and related products that reduce the space needed to install columbaria. Up to nine niches can occupy the space used for one traditionally sized niche. The versatile niche units are modular and allow for phased expansions. They can be moved without high reconstruction costs and the variety of color choices permit almost limitless design options.
The products are manufactured with high tech materials and cutting-edge engineering that make them resistant to fire, floods, mausoleum insects and vandalism. The niches and urns come with a 50-year limited warranty.
Creter Vault Corporation will assist customers with planning, designing, installing, promoting and operating their columbaria. These services will be especially beneficial to churches which represent a growing segment of the columbarium market and are in need of professional operations assistance.
"The diversity of Creter Vault Corporation's existing product lines and comprehensive support operations will allow the company to effectively market and service IMS products in an important part of the country," said Irwin.
For more information about Infinity Memorial Systems™, contact Creter Vault Corporation at 908-782-7771 or visit the CTI web site at www.infinitymemorialsystems.com.
- end -
submitted by:
David Sahd
Distributor Relations Manager
Cremation Technologies, Inc.
Infinity Memorial Systems™
sahd@generatesales.com
877-874-5551 toll free
505-856-1903 direct
www.cremationtechnologies.com
In a message dated 6/14/04 6:16:32 PM, D in CT writes:
A Shelton Connecticut man who ran a funeral home and was heavily involved in town affairs was killed in an accident in front of his business Monday.
Joseph Pagliaro, Sr., died when he was hit by a car while coming out of the Riverview Funeral Home at 390 River Road, Shelton police said.
According to authorities on the scene, two cars collided in front of the funeral home. One of them, a Mercedes Benz, travelled into the portico entrance of the home and struck Pagliaro who was coming outside.
Pagliaro was trapped under the car until firefighters arrived and lifted the car off of him. He died at Griffin Hospital in Derby.
Along with his work at the funeral home, Pagliaro was also on the town Planning and Zoning Commission and was vice chairman of the Shelton Economic Development Corporation. He was also involved with Boys and Girls Club, and the Birmingham Group shelter for women.
In a message dated 6/3/04 1:50:19 AM, Kentucky reader writes:
Lowell,
This is some funeral director and embalmer employee advocacy work I have been putting together to lobby in Kentucky in 2005 with regard to FLSA. Please feel free to share it with your folks. Thanks!
REQUEST FOR KENTUCKY GOVERNMENT OFFICIALS TO INVESTIGATE FUNERAL HOME NON-COMPLIANCE WITH THE FAIR LABOR STANDARDS ACT.
The following information explains the recent history and corrective action requests for government officials to investigate funeral home employers non-compliance with the Fair Labor Standards Act. Kentucky Licensed Funeral Directors and Embalmers are non-exempt positions that require compensation based on an hourly wage plus time and a half compensation for hours worked in excess of forty per week. For legal background on Funeral Director and Embalmer compensation, please review the text Mortuary Law by Scott Gilligan, National Funeral Directors Association Legal Counsel.
HISTORY OF NON-COMPLIANCE
Ron Raymond is the Kentucky Board of Embalmers and Funeral Directors State Inspector which along with other Kentucky Board of Embalmers and Funeral Directors board positions are filled by Governor Ernie Fletcher. Ron Raymond as a state board inspector is required to routinely inspect funeral homes for compliance with various FTC and OSHA related requirements. At this point Ron Raymond has not been given the authority to inspect funeral homes for compliance with the Fair Labor Standards Act. This is a necessary first step in adopting corrective actions for funeral homes. Mr. Raymond already inspects funeral homes in the state regarding various federal requirements. It is only fitting that he be required to protect the integrity of these inspections by reviewing FLSA compliance in the funeral home as well.
I should also dispel the perception here that Funeral Directors and Embalmers are "professional" positions with regard to the Fair Labor Standards Act. The FLSA in fact clearly states that funeral practitioners are not professionals due to a low degree of educational requirements to become a practitioner in the field. In the State of Kentucky for instance, any high school graduate who serves a 3-year apprenticeship in a funeral home can become a fully licensed Funeral Director. Many states have higher educational requirements for Funeral Directors and Embalmers to enter the field. Kentucky however, is presently educationally minimal to the point that Funeral Directors and Embalmers are still considered non-exempt positions under FLSA guidelines as the Scott Gilligan Mortuary Law text states.
The reason our industry practitioners are just now beginning to report FLSA violations is because many funeral homes have transitioned from family-run funeral home operations to a setting where even most rural funeral homes in Kentucky have 1-2 (non-related) Licensed Funeral Directors and Embalmers on staff that are being impacted by non-compliance with the FLSA. This non-compliance is not a situation where isolated instances are occurring. This is more of a situation where funeral home owners have never been made by order of inspection to comply with the FLSA. This request is not a witch-hunt for Kentucky Government and FLSA Compliance Officers to fine funeral homes for non-compliance. At this point our industry simply needs to be ordered collectively to begin complying with the FLSA. If any official conducted a random inspection for funeral home FLSA compliance on any given day, in any 5-county area, they would find substantial non-compliance circumstances statewide in any part of Kentucky.
The actual circumstances that yield non-compliance with the FLSA occur for a number of reasons:
Overtime & Hourly Wage Violations- Funeral Directors and Embalmers are non-exempt positions in nearly every state. Funeral Directors often work non-traditional hours to conduct the removal of human remains and embalming procedures. These non-traditional hours often place the practitioner in an overtime category. Funeral homes frequently fail to provide verifiable measures or record keeping procedures that demonstrate the funeral homes compensation program distributing compensation to employees based on an hourly wage scale. ( i.e. issuing pay stubs with a recap of hours worked, exact hourly rate of pay, requiring employees to use a time clock etc.) It is customary for most funeral home employers in the State of Kentucky to pay a flat rate salary to the Funeral Director and Embalmer without regard for overtime or a system to track hours worked that create scenarios for overtime compensation.
Variable Workweek Agreements -"The primary advantage to the variable workweek agreement is that it permits an employer to pay half time for overtime rather than time and a half. A variable workweek agreement must be in writing and signed by the employee. It must also guarantee the employee a base weekly salary regardless of the number of hours worked."(Gilligan). For the majority, most licensed funeral directors and embalmers have very predictable and consistent work schedules that typically place them into the 40 to 55 hours per week category. The upcoming challenges to the variable workweek agreement either in a court of law or a regional office of the Wage and Hour Division that may begin to appear in your area is that the predictability of a 40 to 55 hour workweek by the funeral director and embalmer alone is consistent enough that the variable workweek agreement will not stand. Although the hours worked per week vary at the point they occur, they do not vary in consistent occurrence. Thus, if the practitioner is always working 40 to 55 hours per week at various times, the workweek is not varied, but consistently occurring over the course of a week. The variable workweek agreement is designed for those practitioners who typically work substantially less than 40 hours per week on a regular basis. Funeral Directors rarely work less than 40 hours per week. When the work schedule of an employee becomes very predictable as is the case with most Funeral Directors, a VWA is invalid according to the Wage and Hour Division. Simply stated, VWA's have no place in funeral service. Funeral home employees deserve to be rewarded for the hard work they do and should be compensated overtime on a regular basis by employers.
Recommendations regarding VWA's: The risks of the variable workweek agreement are becoming too great for funeral home owners to absorb. Funeral homes currently utilizing VWA's should begin aggressive transformation over the next 30-60 days that conform to standard wage and hour programs that compensate employees time and a half for all overtime worked. The legality of a VWA can be more readily upheld for those practitioners working substantially less than 40 hours per week or part-time employees. Funeral directors and embalmers rarely work less than 40 hours per week. When a work schedule becomes that predictable and routine, a VWA becomes a dangerous liability for the funeral home owner. If investigations into these agreements begin to surface in your region, funeral homes should also seek verifiable measures that demonstrate the funeral homes compensation program distributing funds to employees based on an hourly wage scale. ( i.e. issuing pay stubs with a recap of hours worked, exact hourly rate of pay, use of a time clock, and a summary of all applicable tax and benefits deductions from the pay period.)
"The FLSA is administered and enforced by the Wage and Hour Division of the Department of Labor. The Wage and Hour Divisions enforcement responsibilities are carried out by compliance officers stationed across the United States. These enforcement officers have the authority to conduct investigations and to gather data on wages, hours and other employment practices in order to determine compliance with FLSA. Where violations are found, they may recommend changes in employment practices to bring an employer into compliance. Investigations may occur as a result of routine audits or on the basis of an employee complaint. Willful violations of the act may result in criminal prosecution by the Division. In addition to criminal actions, the Wage and Hour Division, as well as individual claimants, can institute a civil action in federal or state court for unpaid minimum wages or overtime pay. Funeral directors should be aware that it is a violation of the FLSA to terminate or in any way retaliate against an employee for filing a complaint or participating in an investigation of the Wage and Hour Division. With regard to civil actions, a court may award unpaid wages and overtime pay for a backup period of up to two years from the date the complaint is filed. In the case of a willful violation, the backpay period can extend to three years. A willful violation occurs when the employer willingly violates the act or is in reckless disregard of it. In addition to backpay, the court can award private litigants their attorney fees. Finally, the court can award an additional amount as liquidated damages, which is equal to the backpay amount. In other words, the court can double the backpay award."(Gilligan). IF you have questions about the legality of variable workweek agreements or developing hourly wage programs for funeral directors and embalmers please contact the Wage and Hour Division in your area or dial: 1-866-4US-WAGE
Reference:
Gilligan, Scott: Mortuary Law: Ninth Revised Edition: The Cincinnati Foundation for Mortuary Education: Cincinnati, Ohio: 1995.
Record-keeping- Many of the FLSA violations in funeral homes occur due to a lack of record-keeping systems that reflect the organizations compensation program complying with the FLSA. It is legal for a funeral home to pay a salary to a practitioner, but a recordkeeping system must be in place i.e. a time clock to ensure that when a practitioner advances past 40 hours of work in a week, overtime compensation becomes available for the employee. Funeral homes in non-compliance scenarios do not have time clocks available in the funeral home and do not use time sheets to verify employees weekly work hours. This is especially true for those practitioners conducting embalming procedures during non-traditional business hours.
CORRECTIVE ACTION REQUEST:
Kentucky State Board of Embalmers and Funeral Directors Inspector Ron Raymond should immediately be issued the authority to inspect funeral homes for FLSA compliance in addition to OSHA and FTC compliance. Many funeral homes in Kentucky are taking advantage of entry-level and veteran practitioners by not complying with the FLSA. Mr. Raymond's action on this matter is the most efficient and affordable way for Kentucky to ensure compliance without major conflict or retaliation. The Kentucky Board of Embalmers and Funeral Directors under the assistance of an FLSA compliance officer should write a set of regulations for funeral home employers to comply with the FLSA and enforce the action as often as Kentucky State Board of Embalmers and Funeral Directors inspections take place at funeral homes.
In recent years lawmakers and law enforcement have developed programs like the FTC Funeral Rule to combat deceptive practices by funeral home owners. Several funeral home owners in Kentucky and nationwide are in violation of the FLSA wage and hour compliance requirements. It should also be mentioned here that some funeral homes across the nation are complying with the FLSA and award compensation appropriately and those funeral homes deserve to be commended. Please review the following information and begin an official inquiry at your leisure. This research is being provided today to make a difference, to better our service to families in need.
For Additional Information Please Contact:
Ron Raymond KY State Inspector: 502-241-3918
Scott Gilligan, NFDA Legal Counsel: 800-228-6332
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**Please note that the ICFA offices will be closed May 31 in observance of
the Memorial Day holiday.
INDUSTRY NEWS
ICFA Meets with Streamlined Sales Tax Project
FTC Chairman Muris Resigns; Initiated Do Not Call Registry, Criticized Funeral Rule
ICFA Members Invited to Conference on Managing Mass Fatalities
ICFA Director Tommy Metcalf Elected Mayor of Conroe, TX
ICFA NEWS
Newest ICFA DVD: Lead Generation Innovations, Volume II
ICFAU, Cemetery Ops Conference Housing Deadline May 28
Mark Your Calendar: Fall Management Conference Set for November
-------------------------
INDUSTRY NEWS
-------------------------
ICFA MEETS WITH STREAMLINED SALES TAX PROJECT
This morning, two representatives of the ICFA Government and Legal Affairs
Committee, Robert Topp and Keenan Knopke, met with the Streamlined Sales Tax
Project (SSTP) at its meeting in Tampa, Florida. SSTP represents
approximately 20 state governments seeking to develop guidelines for the
"streamlined" collection of state sales tax. A representative of the National
Funeral Directors Association also attended the meeting.
The ICFA is seeking a sourcing rule whereby the sale of funeral-related items
would be taxed at the location of the seller and not at the delivery
location, which may cross state lines and involve issues of county sales tax.
Members of the SSTP requested more information and specific examples that the
ICFA will develop for the next meeting of the group.
A detailed discussion of the issues was published in the January 2004 issue
of the ICFA magazine, International Cemetery & Funeral Management, and can be
read at http://www.icfa.org/washrpt1.04.htm.
---------------------------------------------------
FTC CHAIRMAN MURIS RESIGNS; INITIATED DO NOT CALL REGISTRY, CRITICIZED FUNERAL RULE
Timothy J. Muris, President Bush's appointment as chairman of the Federal
Trade Commission, announced that he is resigning and plans to leave the FTC
during the summer. During his three-year tenure, Muris initiated the
telemarketing Do Not Call national registry and persuaded Congress to
authorize the project. Muris, who had previously worked at the FTC during the
1980s under President Reagan, criticized the Funeral Rule and had little
interest in the Rule's expansion. He is expected to return to his teaching
position at George Mason University School of Law in Arlington, Virginia.
President Bush has nominated Deborah P. Majoras to become the new FTC
chairman. Currently, Majoras is a partner with a Washington, D.C., law firm
and previously served as principal deputy assistant attorney general for
antitrust at the Department of Justice. She specializes in mergers,
acquisitions and competitive marketplace issues.
---------------------------------------------------
ICFA MEMBERS INVITED TO CONFERENCE ON MANAGING MASS FATALITIES
The City of New York Office of Chief Medical Examiner and the U.S. Army
Edgewood Chemical Biological Center have extended an invitation to ICFA
members to attend "Preparing for the Catastrophic Incident: Managing Mass
Fatalities from a WMD Attack," September 8-10 at the New York University
School of Medicine and the Marriott Marquis Hotel.
The conference will offer educational sessions on lessons learned following
9/11; information on handling chemically, biologically and radiologically
contaminated human remains; and future response plans. Homeland Security
Secretary Tom Ridge is an invited speaker.
Registration will begin June 1. For more information and to register, visit
http://www.mfpconference.com or contact Melinda Watters at 1-800-848-0032;
mwatters@titan.com.
---------------------------------------------------
ICFA DIRECTOR TOMMY METCALF ELECTED MAYOR OF CONROE, TX
The ICFA congratulates board member Tommy Metcalf, CFSP, president of Metcalf
Funeral Directors in Conroe, Texas, who was sworn in as mayor of Conroe on
May 23.
Metcalf ran against three opponents and was elected May 15, with 55 percent
of the vote. Conroe, located about 40 minutes north of Houston, has a
population of more than 40,000.
Metcalf is a past president of the Texas Funeral Directors Association, a
former board member of the Texas Funeral Commission and an active member of
many local civic and charitable organizations. He is a recipient of the Medal
of Freedom, the highest honor a citizen can receive from the Republican
members of the U.S. Senate.
---------------------------------------------------
---------------------------------------------------
-------------------
ICFA NEWS
-------------------
NEWEST ICFA DVD: LEAD GENERATION INNOVATIONS, VOLUME II
The ICFA introduces the newest addition to its DVD Library, "Lead Generation
Innovations: Volume II," which offers five presentations from ICFA Sales &
Marketing Conferences explaining how to use networking, affinity and
community programs to expand market share, including:
* Dos and don'ts of active networking
* Going beyond business cards
* How to use the Internet as a resource for networking in your local community
* 23 questions you need to answer before starting an affinity program
* Documentation needed to implement an affinity program
* Elements of a successful community program
* Promoting your community program
* Approaching churches to promote your services
* And more!
Handouts include sample advertisements, letters of introduction and
brochures, a step-by-step guide to community programs and more. The cost is
$30 for ICFA members, $40 for non-members.
To order, visit the ICFA Store at http://www.icfa.org/Merchant2/merchant.mvc
or call 1-800-645-7700, ext. 216.
---------------------------------------------------
ICFAU, CEMETERY OPS CONFERENCE HOUSING DEADLINE MAY 28
On-campus housing for ICFA University and the ICFA Cemetery Operations &
Maintenance Conference in July at the University of Memphis in Memphis,
Tennessee, is filling up quickly.
ICFAU students who wish to stay at the Fogelman Center or the Holiday Inn and
conference attendees who wish to stay at the Holiday Inn are encouraged to
send in their registrations by the cutoff date, Friday, May 28, to ensure
on-campus accommodations at the ICFA rates. Housing assignments will be made
on a space-available basis after that date. Rooms also are available at the
Doubletree Hotel Memphis, about a 10-minute taxi drive from campus.
ICFA University, July 16-21, offers focused education and training in the
student's choice of five areas: Cemetery Administration & Management,
Cremation Services, Funeral Home Management, Land Management & Grounds
Operations and Sales & Marketing.
The ICFA Cemetery Operations & Maintenance Conference, July 16-19, offers
practical "how to" learning and sharing for owners, managers and
superintendents of cemeteries of all types and sizes.
According to ICFA Internal Chief Operating Officer Joe Budzinski, holding the
two events in conjunction with each other will provide both groups with
additional networking opportunities. "We're very excited to have ICFAU and
the Ops Conference together on one campus this year," he said. "Each of these
meetings has its own character and its own energy. Bringing them together
will create a unique opportunity for interaction that will make this an
unforgettable experience for everyone who attends."
For information on ICFA University and to register, visit
http://www.icfa.org/icfau04.htm or call 1-800-645-7700.
For information on the Ops Conference and to register, visit
http://www.icfa.org/cem_op_2004_pr1.htm or call 1-800-645-7700.
---------------------------------------------------
MARK YOUR CALENDAR! FALL MANAGEMENT CONFERENCE SET FOR NOVEMBER
Set aside the date: The ICFA Fall Management Conference, November 10-13 at
the Wild Horse Pass in Phoenix, Arizona, will bring together chief
executives, presidents and top managers from throughout the cemetery and
funeral service profession for several days of learning and sharing.
Educational sessions will include a presentation from a media expert on
"Making the Media Work for You," information from a Six Sigma business
consultant on "Leading Business Evolution: Building and Exercising
Capabilities Within," a panel discussion among executives from the public
companies and more.
Rounding out the conference program will be several networking receptions and
the annual ICFA Fall Management Golf Tournament.
Complete information will be mailed out and made available on the ICFA Web
site in late June.
---------------------------------------------------
---------------------------------------------------
AND MORE . . .
The Network, the ICFA's online e-mail listserv, allows members to pose
questions and discuss topics with colleagues from throughout the cemetery and
funeral service profession without having to leave their home or office.
Topics discussed to date have included vault selections, staff incentive
programs, marketing success stories, lot card archiving, backhoe purchases,
the Foley bill and more. To sign up, visit http://www.icfa.org/network
ICFA members now have exclusive, free access to an attorney for tax-related
questions regarding trust earnings, care fund allocations, capital gains,
investments and more. The ICFA has retained Leslie Schneider, CPA, a tax
attorney with Ivins, Phillips & Barker in Washington, D.C., for free
telephone consultations, for up to 20 minutes with no obligation. To take
advantage of this new member benefit, call Schneider at (202) 393-7600.
Need a labor relations and employment law attorney? Check out ICFA's benefit
program offering free telephone legal consultations at
http://www.icfa.org/pepperman.htm .
The ICFA and The Transaction Group of Chicago, Illinois, currently offer
members a credit card processing program with a special low discount rate of
just 1.69 percent. This new benefit makes it less expensive for cemeteries,
funeral homes, memorial designers and related businesses to accommodate
customers who wish to pay via credit card. For more information, visit
http://www.thetransactiongroup.com/partners/icfa/ or call The Transaction
Group at 1-800-622-7705.
The ICFA insurance program, administered by Driver Alliant, allows members to
purchase commercial property and casualty insurance -- including general
liability, commercial property, automobile liability and physical damage,
umbrella liability, professional liability, workers compensation, employee
benefits and more -- at rates they probably would not be able to afford on
their own. Information on applying for the program is available on the ICFA
Web site at http://www.icfainsurance.com/
The ICFA Store allows members to purchase the latest ICFA resources and
training products online. Among the products currently for sale are several
new DVDs: "Recruiting for Preneed Sales," "Lead Generation Innovations:
Volumes I and II," and "Family Service & Aftercare: Volume I." In addition,
the store offers two new preneed sales training CDs by Gary O'Sullivan, CCE,
and "Saying Goodbye Your Way: Planning or Buying a Funeral or Cremation for
You or Someone You Love," a new book by John Llewellyn, CCE. To check out
these items and more, visit http://www.icfa.org/Merchant2/merchant.mvc
The ICFA News Page at http://www.icfa.org/newspage.htm takes you to sources
throughout the world for industry news and updates. It brings you the most
comprehensive selection of funeral service and cemetery news available
anywhere, along with frequently updated general news items related to
national and world events. The News Page reports the news before anyone else
and is the second most visited page on the ICFA Web site. Stop in each day
and you'll see why.
The ICFA Internet Expo at http://www.icfa.org/expo/index.html is the largest
online exposition in the cemetery and funeral service industry. Cemetery and
funeral home owners and operators will find more than 300 providers in over
100 product and service categories at the Expo. Exhibit space is provided as
a free, exclusive benefit to all ICFA supplier and professional members.
Check it out today!
---------------------------------------------------
International Cemetery and Funeral Association
1895 Preston White Drive, Suite 220
Reston, VA 20191
1-800-645-7700
(703) 391-8400
fax (703) 391-8416
http://www.icfa.org
Copyright 2004 International Cemetery and Funeral Association
**************************************************************
ICFA WIRELESS SPECIAL EDITION - June 11, 2004 Vol. 5 No. 15
**************************************************************
ICFA WIRELESS is a biweekly electronic newsletter bringing members of the
International Cemetery and Funeral Association the latest government and
legal, industry and association news. It is available to all ICFA members
current on their dues. Comments, questions and "hot news tips" are welcome.
Write to: wireless@icfa.org.
INDUSTRY NEWS
ICFA Files 'Friend of Court' Brief in Funeral Rule Litigation
ICFA NEWS
Fall Management Conference: Where CEOs Go to Network
'Wide World of Sales' Conference Kicks Off January 13-14
-------------------------
INDUSTRY NEWS
-------------------------
ICFA FILES 'FRIEND OF THE COURT' BRIEF IN FUNERAL RULE LITIGATION
This week the ICFA filed an amicus curiae or "friend of the court" brief with
a Texas court in the case of David Hijar v. SCI Funeral Services Inc. Due to
filing deadlines, the association needed to move quickly, and President
Patrick R. Downey, CCE, recognized that time was of the essence. The ICFA
Government and Legal Affairs Committee, chaired by Irwin W. Shipper, CCE,
reviewed the brief and concurred with its filing.
Basically, the judge in this case has ruled that funeral providers subject to
the FTC Funeral Rule must not only disclose when they add a service fee to
the price of any cash advance item (as the Rule requires), but must also
disclose the amount of the fee or mark up. In addition, the judge has
determined that everything that a funeral provider sells that it has obtained
from a third party, e.g., caskets, vaults, must also be treated as a cash
advance item, and the mark up must be disclosed to the customer. Needless to
say, this ruling is contrary to the actual requirements of the Funeral Rule.
Finally, the judge appears to be applying his order retroactively.
The potential consequences of this decision could eventually impact the
entire funeral services profession, hence, the ICFA's interest in filing this
amicus brief in a timely manner. The ICFA brief can be viewed on our Web page
at http://www.icfa.org/pdf/hijarnationalamicusfinal.pdf.
-------------------
ICFA NEWS
-------------------
FALL MANAGEMENT CONFERENCE: WHERE CEOs GO TO NETWORK
The ICFA Fall Management Conference, November 10-13 at the Wild Horse Pass in
Phoenix, Arizona, offers cemetery and funeral service chief executives,
presidents and top managers an opportunity to learn and network in a luxury
resort setting. Conference educational sessions include:
* Public Company Update: Representatives from several multi-ownership
corporations will participate in a panel discussion and Q&A regarding trends
and challenges facing the public companies and the cemetery and funeral
profession as a whole.
* "Leading Business Evolution: Building and Exercising Capabilities Within":
Six Sigma expert Dan Laux will share management and leadership principals for
meeting today's top business challenges. Learn how to meet customer demands
for improved service while controlling costs.
* "Making the Media Work for You": Mary Jo West, an award-winning former
anchorwoman and public relations director for the Catholic Diocese of
Phoenix, will offer dozens of ideas on how to garner positive media exposure
as well as how to handle potential negative press.
* "Responding to the Challenges of a Changing Environment": Representatives
from Batesville Casket Company, Cold Spring Memorial Group and Matthews
International will share consumer research and information on meeting today's
preferences in remembrance and memorialization.
* "Improving Sales Staff Retention by Eliminating Call Reluctance": Renowned
sales trainer Connie Kadinsky will examine the most pressing personnel issue
facing today's preneed sales departments: call reluctance and its effect on
productivity and retention. Take home training techniques that your sales
managers and counselors can put to use immediately to overcome this
results-killer.
Additional highlights include the legal and legislative update, the Fall
Management Golf Tournament and several networking receptions. The complete
program will be available via mail and the ICFA Web site in late June.
---------------------------------------------------
'WIDE WORLD OF SALES' CONFERENCE KICKS OFF JANUARY 13-14
Mark your calendar! The ICFA will present the "Wide World of Sales" on
January 13-14 in New Orleans, Louisiana. Don't settle for second best: Come
to the Super Bowl of Preneed Sales Management & Marketing Conferences, with
dozens of speakers, hundreds of ideas and non-stop action to take you and
your sales team to new heights of performance and success!
The BIGGEST and best preneed sales and marketing conference in the world just
keeps growing -- from 290 attendees six years ago to 400+ last year!
Nowhere else in the industry can you find such a strong track record of
preneed sales training presented by such a diverse and highly respected group
of professionals.
The New Orleans conference, presented by 30 top preneed sales management
experts and led by coaches Mark Krause and Kevin Daniels, is the premier
educational event for owners, sales managers and top counselors. It will
offer more than 20 speakers as well as interactive sessions filled with
practical, "how to" techniques on topics such as cremation sales, ethnic
marketing, customer relationship management, affinity marketing, lead
generation, recruitment, family service and more. Attendees will take home a
binder stuffed with information they can put to use at their locations
throughout the year.
Save the date! A complete program will be available via mail and the ICFA Web
site this summer.
---------------------------------------------------
---------------------------------------------------
AND MORE . . .
Register today for the ICFA Cemetery Operations & Maintenance Conference,
July 16-19 at the University of Memphis, Memphis, Tennessee. Members who sign
up by June 11 pay just $275. For a complete program and registration
materials, visit http://www.icfa.org/cem_op_2004_pr1.htm or call
1-800-645-7700.
It's not too late to register for ICFA University, July 16-21 at the
University of Memphis, Memphis, Tennessee! The deadline for registration is
June 11. For a complete program and registration materials, visit
http://www.icfa.org/icfau04.htm or call 1-800-645-7700.
The Network, the ICFA's online e-mail listserv, allows members to pose
questions and discuss topics with colleagues from throughout the cemetery and
funeral service profession without having to leave their home or office.
Topics discussed to date have included vault selections, staff incentive
programs, marketing success stories, lot card archiving, backhoe purchases,
the Foley bill and more. To sign up, visit http://www.icfa.org/network
ICFA members now have exclusive, free access to an attorney for tax-related
questions regarding trust earnings, care fund allocations, capital gains,
investments and more. The ICFA has retained Leslie Schneider, CPA, a tax
attorney with Ivins, Phillips & Barker in Washington, D.C., for free
telephone consultations, for up to 20 minutes with no obligation. To take
advantage of this new member benefit, call Schneider at (202) 393-7600.
Need a labor relations and employment law attorney? Check out ICFA's benefit
program offering free telephone legal consultations at
http://www.icfa.org/pepperman.htm .
The ICFA and The Transaction Group of Chicago, Illinois, currently offer
members a credit card processing program with a special low discount rate of
just 1.69 percent. This new benefit makes it less expensive for cemeteries,
funeral homes, memorial designers and related businesses to accommodate
customers who wish to pay via credit card. For more information, visit
http://www.thetransactiongroup.com/partners/icfa/ or call The Transaction
Group at 1-800-622-7705.
The ICFA insurance program, administered by Driver Alliant, allows members to
purchase commercial property and casualty insurance -- including general
liability, commercial property, automobile liability and physical damage,
umbrella liability, professional liability, workers compensation, employee
benefits and more -- at rates they probably would not be able to afford on
their own. Information on applying for the program is available on the ICFA
Web site at http://www.icfainsurance.com/
The ICFA Store allows members to purchase the latest ICFA resources and
training products online. Among the products currently for sale are several
new DVDs: "Recruiting for Preneed Sales," "Lead Generation Innovations:
Volumes I and II," and "Family Service & Aftercare: Volume I." In addition,
the store offers two new preneed sales training CDs by Gary O'Sullivan, CCE,
and "Saying Goodbye Your Way: Planning or Buying a Funeral or Cremation for
You or Someone You Love," a new book by John Llewellyn, CCE. To check out
these items and more, visit http://www.icfa.org/Merchant2/merchant.mvc
The ICFA News Page at http://www.icfa.org/newspage.htm takes you to sources
throughout the world for industry news and updates. It brings you the most
comprehensive selection of funeral service and cemetery news available
anywhere, along with frequently updated general news items related to
national and world events. The News Page reports the news before anyone else
and is the second most visited page on the ICFA Web site. Stop in each day
and you'll see why.
The ICFA Internet Expo at http://www.icfa.org/expo/index.html is the largest
online exposition in the cemetery and funeral service industry. Cemetery and
funeral home owners and operators will find more than 300 providers in over
100 product and service categories at the Expo. Exhibit space is provided as
a free, exclusive benefit to all ICFA supplier and professional members.
Check it out today!
---------------------------------------------------
--------------
---------------------------------------------------
International Cemetery and Funeral Association
1895 Preston White Drive, Suite 220
Reston, VA 20191
1-800-645-7700
(703) 391-8400
fax (703) 391-8416
http://www.icfa.org
Copyright 2004 International Cemetery and Funeral Association
In a message dated 5/6/04 12:26:22 PM, Mike Flynn in Boston MA writes:
Two Dorchester sisters say they were plunged into deep depression when they received ashes bearing another woman's name after their mother died and was cremated through a local funeral home.
``I couldn't eat or sleep for weeks. It still bothers me to this day,'' Kimmy Brown, 34, said about the mixup following her mother's February 2003 cremation. ``First you lose your mother. Then, to find out those aren't her ashes - it's just so much anger.''
She and sister Joy Brown, 31, sued the Bayview Crematory in Seabrook, N.H., and the Floyd A. Williams Funeral Home in Dorchester after their mother, Greta Maria Brown, 67, died on Feb. 11, 2003.
Six weeks after the funeral, Kimmy Brown opened the box she thought held her mother's ashes. The outer box bore her mother's name and the cremation number, 3004. Inside, she was stunned to find a container bearing a different woman's name. She said she has no way of knowing whether she has the wrong ashes with the right name card or the right ashes with the wrong card.
The Suffolk Superior Court lawsuit alleges the error prompted Kimmy Brown to suffer ``severe depression that caused her to lose 30 pounds and be put on psychoactive medication,'' according to her lawyer, Andrew M. Fischer of Boston.
Brown said her mother was a Honduran immigrant who married and raised four children in Dorchester, working multiple shifts as a maid and child-caregiver until lupus disabled her some 20 years ago.
Floyd Williams, who owns the funeral home that bears his name, said he understands the Brown family's anguish over receiving the wrong ashes. But he blamed Bayview Crematory for the mixup.
``Am I upset with Bayview? You're darn tootin' I am. We will never use them again nor will we advise anybody to use them,'' Williams said. ``This is an unfortunate thing that has happened to the Brown family, and our hearts go out to them. If this were my mother, we'd feel the same way. But we didn't do anything wrong here.''
Bayview Crematory is owned by Lawrence S. Stokes Jr., who lives in Salisbury. A woman who answered the phone at his home declined to discuss the case.
In a message dated 5/28/04 11:10:11 AM, jason.rogers@cherishedmedia.com writes:
FOR IMMEDIATE RELEASE
CONTACT:
Jason Rogers
Cherished Media Corporation
Phone (866) 764-5518
jason.rogers@cherishedmedia.com
http://www.cherishedmedia.com
CHERISHED MEDIA EXPANDS VIDEO TRIBUTES TO INCLUDE MEMORIAL SERVICE VIDEOS
Altamonte Springs, Florida, May 28, 2004
- Cherished Media today released a new
version of its MemoryCenter(TM) video
tribute software, which now gives
funeral service professionals the
ability to include both digital and
scanned photos in their Video Tributes.
This latest capability allows funeral
homes to take digital photos and offer
tasteful photo montages of the viewing,
memorial service, and burial service, if
applicable. The digital photos, added
to photos of the deceased during their
life, create a loving memorial for for
the family and for those who were unable
to attend the service.
"We had several clients who were using
our Video Tribute service to create a
tender and tastefully produced videos of
the memorial service," states Jason
Rogers, President of Cherished Media.
"With this new capability, our clients
can now easily produce these memorial
service videos."
Cherished Media's popular Video Tribute
service gives funeral service
professionals a way to create a lasting
memorial for their families. By
combining music, photos, and titles into
a polished, moving memorial, Cherished
Media Video Tributes can be shown during
the memorial service and presented to
the family in one of our custom DVD or
VHS cases. Recently, Cherished Media
also announced the availability of its
RapidRender(TM) service, which allows
funeral directors to order a Video
Tribute and have it available for same
day showing.
ABOUT CHERISHED MEDIA CORPORATION
Cherished Media Corporation offers the
leading video tribute and biography
service dedicated solely to the funeral
service industry. For more information
visit their website at
www.cherishedmedia.com, email them at
info@cherishedmedia.com, or call them at
(866) 764-5518.
- END -
In a message dated 5/26/04 5:32:47 PM, McDougald writes:
FEATURE-China-made coffins pose threat to U.S. casket makers
The National Funeral Directors Association (NFDA) boasts that they are the leading funeral service association, claiming they serve 21,400 individual members who may work in or own the 12,486 funeral homes in the United States and other countries. From their beautiful headquarters in Brookfield, Wisconsin, and their Advocacy Office in Washington, D.C., NFDA has taken advantage of their position, claiming they protect consumers and are a true advocate for funeral directors and embalmers. Truth be told, NFDA advocates, first, for their own survival and when they are forced to, the association exclusively works for the funeral home owners and not for the protection of consumers nor for the benefit of any employee, non-owner funeral director or embalmer. NFDA also hosts an annual convention where the number of exhibitors is close to the number of attendees.
The preceding paragraph is just the opinion of John McDonough, NFDA member, after studying the organization closely since 1993.
HERE IS NFDA's LATEST NEWS
http://www.nfda.org/files/bulletin/issues/16June2004.htm
In a message dated 5/26/04 5:23:43 PM, kmonfre@nfda.org writes:
Contacts: Fay Spano or Katie Monfre 800/228-6332
For Immediate Release
NFDA Announces New Products Available in Spanish
Consumer Brochures Help Serve Spanish-speaking Market
Brookfield, Wis. - The National Funeral Directors Association (NFDA) now offers consumer brochures in Spanish. The brochures were created to fill the growing need of funeral service professionals who serve Spanish-speaking families.
"NFDA's consumer brochures are valuable communication tools to offer families," said NFDA Chief Executive Officer Christine Pepper. "We are aware that many of our members serve diverse communities, and want to ensure we are providing the necessary materials for our members to best serve families."
The Hispanic population in America grew 58% from 1990 to 2000, according to the U.S. Census. With almost 40 million Hispanics living in America, they are becoming the largest minority population in the country, and approximately 75% speak Spanish in their homes.
The five NFDA consumer brochures available in both Spanish and English are: Planifique funerales con significado (Planning a Meaningful Funeral Service)
Examines options a family has in planning a funeral and offers a worksheet to help them create a meaningful funeral.
Planifique sus funerales por adelantado (Planning Your Funeral In Advance)
Offers tips on planning funerals and options with prepaying. Includes a detailed planning worksheet individuals can fill out and then set up an appointment with a funeral service provider.
El proceso de duelo tras la pèrdida del ser querido (Healing After the Loss of a Loved One)
Addresses signs of grief and specific ways individuals can help themselves deal with the grieving process.
Como ayudar a los ninos a superar el dolor (Helping Children Through Their Grief)
Helps adults identify and understand the different signs of a child's grief. Gives advice on how to talk with children after a death.
Conozca el proceso de cremaciòn (Understanding Cremation)
Answers important questions families have about cremation, including the role it plays within the context of the funeral, religious acceptance and personalization.The brochures serve as an informative resource to provide families and include answers to some of the most commonly asked questions about funerals. They were created in conjunction with NFDA's For a Life Worth Celebrating campaign and are available at a discount to campaign participants. To order, contact NFDA at 800/228-6332.
NFDA is the leading funeral service association, serving more than 21,400 individual members who represent 12,486 funeral homes in the United States and other countries. From its headquarters in Brookfield, Wis., and its Advocacy Office in Washington, D.C., NFDA provides advocacy, education, information, products, programs and services to help members enhance the quality of service to families. For more information, visit www.nfda.org.
~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~
In a message dated 6/2/04 7:19:15 PM, a reader in Kansas writes:
John -- Keep up the good work...NFDA has never asked my opinion concerning this issue and I feel they are representing the owners/corporations/managers rather than the profession. It also seems that NFDA is representing the "big city" people rather than the rural, small city professionals. To say that exemption will bring salary competion is a laugh...the only way to compete would be to be willingness to move...that may be ok for someone with 5 yrs experience or less...but once you settle down and put down some roots...moving for the sake a couple of thousand extra just doesn't cut it. As to being able to have comp time...when I left the Army I had 12 days of comp time on the books which I was unable to take because of various world crises. It was one of the reasons I left the service...I'd hate to leave another profession love....I AM A PROFESSIONAL...I don't need the DOL to tell me that!
Wichita, KS
~~~~~~~~~~~~~~~~~~~~~~~~~
In a message dated 6/3/04 8:40:25 AM, a reader in Florida writes writes:
Dear John:
I have work in this Profession and have never collected the overtime I was owed. i have worked for family run businesses and have watched as the owner and children Took nice vacations and drove nice cars while I had to ask my wife to work two Jobs and I asked my parents to raise our children as I was on call 24/7 365 and that is the truth. The NFDA stands for the owners and not the employees. I am a first and last generation of Funeral Director in my family, when my children said they wanted to be like me I stated " No I want you to have a life.
John I am bitter as the way I am treated in this profession but I love to help People and that is the driving force and the reason I stay.
After 26 years I still have no retirement no sick leave and no medical benefits I Have to purchase all on my own. My employer has all of these and so do his kids I drive a ten year old car and my wife still works two jobs. In a profession that is so "compassionate " why does this still happen.
GREED
Thank you
GeorgeM
Florida
~~~~~~~~~~~~~~~~~~~~~~~~~
In a message dated 6/4/2004 9:09:14 AM, a reader in Michigan writes:
There goes the boss for the weekend, Katie you have the place, I trust you can handle everything, Good luck at your son's graduation tonight he says his wife will pick him up a little something this weekend.
What am I going to do, I am 47 years old, I can't get another job at my age, I should have quit here when my son was born, I was so stupid I trusted my boss to take good care of me, he didn't and I know now as I read your news letter there are too many bosses like mine.
One thing for sure is I won't let my son think of a career like mom has, DEDICATION with all capitol letters, he pays me just enough to keep me here, never any overtime, if it was his kid graduating tonight it would be a different story.
I would not advise anyone go go into this selfish business.
I wish NFDA (he is very active with them) would tell him how selfish he really is.
Katie in Michigan
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In a message dated 6/5/04 10:27:00 PM, a reader from Texas writes:
I want to shake your hand someday, you are an owner standing up for employees, "Thank you sir" I am a full time funeral director and embalmer, my boss treats me like the secretary he is in his 70's he is a pig, I wear pants every day and high neck to keep his prying eyes off me, I need this job the pay is $35,000. flat salary, he gave me a break hiring me when no one else would and he never lets me forget it, I am a mother of 3 living a few miles away from the funeral home, I get the phones every night and transfer them to my cell phone when I leave for work in the morning, most days I am home for supper time with the kids but most of all I am there for their homework, you guessed it they will not be following in Mom's foot steps. I will to what I can to get back at NFDA, since I open the mail at the funeral home, I will trash all the NFDA stuff, he will never know, I think we already renewed our membership for this year, next time he won't see the bill, he won't even see another magazine.
Thanks for sticking up for us. Skip my name please "from Texas" will do
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If you skip answe