august 2013 calling - new york state funeral directors ... · reporters from the wall street...

41
Calling A PUBLICATION OF THE NEW YORK STATE FUNERAL DIRECTORS ASSOCIATION, INC. August 2013 The SCOTT ANTHONY Elected To NFDA Post Take Our Interactive Poll On Page 41! NYSFDA’s Own

Upload: others

Post on 13-Jun-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Calling

A PUBLICATION OF THE NEW YORK STATE FUNERAL DIRECTORS ASSOCIATION, INC.

August 2013

The

SCOTT ANTHONY Elected To

NFDA PostTake Our

Interactive PollOn Page 41!

NYSFDA’s Own

Page 2: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Con

tents

NYSFDA Officers

Timothy P. Doyle, CFSP President

Poughkeepsie, 845-452-0460

Francis “Joe” Martin, Jr.President-Elect

West Henrietta, 585-424-3700

Robert C. EnosSecretary / Treasurer

West Seneca, 716-674-3636

Beatrice E. Lewanduski, CFSPImmediate Past PresidentCopiague, 631-691-5700

S. Scott Mason, CFSP Continuing Past PresidentWestfield, 716-326–2811

Bonnie L. McCullough, CAEExecutive Director

800-291-2629

Randy L. McCullough, CAEDeputy Executive Director

800-291-2629

Bureau of Funeral Directing518-402-0785

New York State Funeral Directors Association, Inc.1 South Family Drive, Albany, New York 12205

PHONE: 800-291-2629 • FAX: 518-452-8667WEB: www.nysfda.org • EMAIL: [email protected]

THE CALLING is published by NYSFDA © 2013. All rights reserved. Please send all photos and story ideas to [email protected]. CLICK HERE

for publication schedule.

Au

gu

st 2

013

Page 3: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

President’s Message

In Remembrance

NYS Tribute Foundation

Classifieds

Calendar of Events

COVER: Anthony Elected to NFDA Post

Executive Director’s Message

EDRS in NYS

Rev. Lamont S. Granby: In His Own Words

SLIDE SHOW: Your New Headquarters in Photos

NYC and Buffalo HR Updates

OSHA Updates

2013 NYSFDA Convention

Caution: Tablets at Work

How Much Does the VA Pay?

Design for Death Competition Winners Unveiled

Directors Choice: Travel Tips

Directors Choice: Rate Sale

PrePlan’s Returned Check and Electronic Deposit Policy

VIDEO: Ask PrePlan

Finding the Right Motor Oil for Your Funeral Service Vehicles

SURVEY: What Do You Think About Food in the Funeral Home?

Page 4: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

How F-A-S-T time passes!

I can’t believe it’s already been a year since I was installed as your Association President in my hometown of Poughkeepsie. It truly has been an honor to serve such a great group of funeral directors. It has been a year of challenges and successes! We have a new headquarters that we should all be proud of and EDRS passed both houses in the NYS Legislature just to name a few.

A couple of times during my year with the gavel, I have been asked ‘why should my funeral home renew its membership?’

For me the answer is simple, NYSFDA offers a fellowship . . . a camaraderie of sorts. We all know that NYSFDA’s political advocacy, publications, webinars, PrePlan, Credit Union, and CEUs are top-notch but building a community is also an important reason to stick around. If friends and mentors are members, funeral directors are far more likely to remain members.

If I wasn’t a member of NYSFDA I would never have met so many of you.

Sure, part of that may be the product of my wistful haze of nostalgia looking over the past year, but there’s some truth to the notion that funeral directors knew each other better before the days we could all hide behind our monitors, iPhones, and e-mail addresses.

I hope you’ll join me this month in Saratoga Springs for our Annual Convention to help continue our tradition of camaraderie [see page 25 for

Dear Colleagues:

Page 5: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

President’s Message

registration information]. Not only will it be a great opportunity to meet your peers, but also a chance to get 12 CEUs and welcome in FRANCIS “JOE” MARTIN, JR. as our new President, a person I am proud to call my friend!

On a personal note, I would like to thank everyone for helping me during these tough few months when my Pop passed away and my wife Kelly became ill. Your cards, messages, and words of support have meant so much to me and my family.

For my final message I leave you with this Irish blessing:

Yours in funeral service,

Timothy P. Doyle, CFSP

May the friendships you make,Be those which endure,And all of your grey cloudsBe small ones for sure.And trusting in HimTo whom we all pray,May a song fill your heart,Every step of the way.

Page 6: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

New

s

A listing of friends of NYSFDA who have recently passed.

In RemembranceCLICK to view

CALENDAR OF EVENTS

CLICK to view

CLASSIFIED ADS

CLICK to view

THANK YOU to everyone who has donated to the NYS Tribute Foundation during the past year!

CLICK to view our donors

Page 7: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Anthony Elected to NFDA Post!

Congratulations ...

The NATIONAL FUNERAL DIRECTORS ASSOCIATION (NFDA) Policy Board elected NYSFDA Past President SCOTT B. ANTHONY, CFSP, of ANTHONY FUNERAL & CREMATION CHAPELS, as At-Large Representative on the NFDA Executive Board.

The vote took place July 13th at the 2013 NFDA Leadership Conference in Park City, UT. Anthony is an active member of the funeral profession and will be a valuable voice for our members nationally.

HIS EXPERIENCE:

• NFDA Advocacy Committee, 2013

• NFDA Policy Board, 2011 - 2013

• Funeral Service Foundation, Chair, 2009 - 2010

• Funeral Service Foundation, Executive Committee, 2008 - 2011

• New York State Funeral Directors Association, President, 2007

• NFDA Pursuit of Excellence Committee, 2005

• Member Board of Trustees Funeral Service Foundation, 2003 - 2011

• Rochester-Genesee Valley Funeral Directors Association, President, 1999 - 2001

• Graduate of Simmons School of Mortuary Science, Syracuse, NY, 1982

Read NFDA’s MEDIA RELEASE.

Page 8: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

The whole is greater than the sum of its parts. What that means in nature, humanity and most systems is that those systems working together create a much greater outcome than all of the individual pieces or individuals that

created that outcome. A couple of examples that demonstrate this effect most simply are puzzles and music.

A puzzle may have many pieces, but each one individually is a puzzle piece, perhaps interesting but not terribly informative. But when they all get put together, they create a complete picture, amazingly different and arguably greater than all those individual pieces.

Music . . . individual notes are individual notes, of course. But oh, when they are all strung together by a master composer they turn into something that soars, inspires and speaks to the soul.

NYSFDA is an organizational system, and this is a fact: the synergies created by many acting as a cohesive group far outperform even the very best individual member of that group. That cohesion and shared vision are exactly why funeral service in our state has been so very successful in the legislative process over many years.

In the waning hours of the legislative session, EDRS was passed [see page 10]. What seemed impossible even six months ago became possible, what seemed implausible in the three-caucus Senate actually happened. The daunting overlay of several arrests of Senators created a pall on the capitol that left everyone just wanting to get out of town, not pass our comparatively small piece of legislation.

Yet, here we are, awaiting the transfer of the legislation to Governor ANDREW CUOMO for his signature.

There are many individuals within this association that together created this result through shared vision, message and effort. Leadership, staff, and members

Dear Members:

Page 9: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Executive Director’s Message

“ . . . cohesion and

shared vision are exactly

why funeral service in

our state has been so

very successful in the

legislative process over

many years.”

all created the system that led to this unlikely success.

The whole truly is greater than the sum of its parts within funeral service in our state. And to me, it is as beautiful as making music.

Thank you.

Bonnie L. McCullough, CAE

Page 10: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

We anxiously await the Governor’s signature on our

EDRS legislation!

EDRS NYSIN

Assemblyman Phil Steck, D-Colonie, who carried the bill in the Assembly, credited the NEW YORK STATE FUNERAL DIRECTORS ASSOCIATION for rallying behind the modernization effort. “This is about making government less bureaucratic and more user-friendly,” Steck said.

Schenectady Daily Gazette, June 26, 2013

Page 11: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Government Affairs

As you know, NYSFDA’s ELECTRONIC DEATH REGISTRATION SYSTEM bill (EDRS) overwhelmingly passed both houses of the State Legislature in late June. The bill passed UNANIMOUSLY (127-0) in the State Assembly, while enjoying a whopping 56-7 vote to pass in the State Senate.

Special thanks goes out to Chairman WILLIAM E. McVEIGH and the NYSFDA GOVERNMENT AFFAIRS COMMITTEE for their hard work spearheading this measure and to our many members who contacted their representatives and urged for its passage, or spoke with newspaper reporters.

PICTURED ABOVE LEFT: JOHN FERRARI of FERRARI FUNERAL HOME, LLC in Schenectady demonstrates how he often types out death certificates in the back of his service vehicle to expedite the process. Ferrari spoke with reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS.

Assemblyman Phil Steck, D-Colonie, who carried the bill in the Assembly, credited the NEW YORK STATE FUNERAL DIRECTORS ASSOCIATION for rallying behind the modernization effort. “This is about making government less bureaucratic and more user-friendly,” Steck said.

Schenectady Daily Gazette, June 26, 2013

Page 12: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

I consider this a high honor to be selected as the Reverend Clergy to dedicate this historic event in our profession.

The time is now upon all of us as a diverse collected group of funeral professionals to gather for this historic occasion. The highways of this great state cleared a path and availed us the opportunity to travel here safely to mark this day in the history of our profession. Yes, we each assemble with our own various pedigrees, backgrounds, and heritages with numerous differences and yet now a commonality of purpose to dedicate this building. Yet, I must pause to highlight that it is the diversity of our lives that makes this dedication so historic. Let us ponder that it is our profession although honorable is often called dark and without fanfare and glamour. Thus, it is this building site that will stand as reminder to all and not a memorial of just how special our lives are in the greater family of humanity. Our profession has journeyed through the transformation of our various secular titles from The

In His Own Words

NYSFDA member REVEREND LAMONT S. GRANBY (pictured at left) at the June 5, 2013 dedication ceremony for the new NYSFDA Headquarters Building.

Page 13: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Membership

Undertaker to The Mortician and now Funeral Director or others prefer the new chic title of Funeral Professional. Allow me to say that title that we embrace and emboss on our business cards means little compared to results that we produce in the lives of the families we impact. Yes, as a multitasking Funeral Director and a Pastor, it is with a boldness that I can proclaim to all of you here today that you are all part of a ministry. For you are in a daily call of ministering to the needs of your community in their greatest hour of need.

We have assembled here with a purpose to celebrate this milestone and dedicate this building as a place where humanity meets professionalism. Where compassion unites with service and caring for community is engrafted into the title of a Funeral Director.

In our connected Judeo-Christian society we find in our religious backgrounds that there is a commonalty of the dedication of the temple in Jerusalem by King Solomon. Solomon was given the precise measurements and design of how to build the temple so that upon its completion and dedication it would serve its purpose of intent.

The purpose of intent of this building is to help and further assist the Funeral Directors of New York State. It is in this purpose of intent to meet not only the needs of the Funeral Directors but to also enhance the care given to the families that will come to the numerous firms offices and chapels under our care.

So I invite you to join together with united heart. I request that venture with me in prayer to dedicate this building for the greater good of all humanity.”

(Pictured at right: NYSFDA Executive Director BONNIE L. McCULLOUGH, CAE and NYSFDA President TIMOTHY P. DOYLE, CFSP cut the ribbon at 1 South Family Drive on June 5, 2013. Photos by James P. Nolan, Jr.)

Page 14: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Your new Headquarters in

PHOTOS!1.Main Entrance / Reception Area

2. Member Submitted Photo Collage

3. Board Room

4. Directors Choice Credit Union

5. PrePlan

6. PrePlan File Room

7. Publications Room

8. Mail Room

Page 15: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Best Practices

1.Main Entrance / Reception Area

2. Member Submitted Photo Collage

3. Board Room

4. Directors Choice Credit Union

5. PrePlan

6. PrePlan File Room

7. Publications Room

8. Mail RoomCLICK the story NUMBER to see a LARGER photo!

Take a look at 1 South Family Drive!

Page 16: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

NYC and BUFFALO

HR UPDATESNYC UNEMPLOYMENT DISCRIMINATION LAW

Recently, New York City enacted a law designed to protect unemployed job-seekers from discrimination by employers. The amendment to the New York City Human Rights Law (NYCHRL) went into effect June 11, 2013, and is the first law in the Unites States that defines a job applicant’s unemployed status as a protected class along with age, race, creed, color, national origin, gender, disability, marital status, partnership status, sexual orientation and alienage/citizenship status. This law is broader in scope than the other laws (and bills currently being considered in some states) by providing plaintiffs with the right to pursue private civil claims and by treating unemployed applicants in the same way members of other protected classes are treated under nondiscrimination laws.

• INTERVIEW QUESTIONS MAY POSE PROBLEMS

Opponents of the law argue that it overreaches by improperly penalizing employers concerned about legitimate issues directly related to job performance. A number of traditional job application or interview questions may pose serious problems if asked of unemployed job applicants under the new law.

Page 17: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Human Resources

HR UPDATES

Problematic questions include: 1) directly inquiring into an applicant’s current employment status; 2) issues related to employment gaps on a resume; 3) asking an unemployed applicant to discuss the circumstances surrounding the leaving of their previous job; and 4) discussing an applicant’s lack of recent experience.

The first adjustment employers must immediately make in order to assure compliance with the New York City law is to remove any questions on job applications and from interviews that directly inquire into a candidate’s current employment status. Similarly, where there is the possibility that an applicant might currently be unemployed, interview questions should be carefully crafted to avoid even indirect inquiries into such topics as what the applicant is “currently working on.” In other words, questions that could lead to a revelation that an applicant is currently unemployed could pose a problem for an employer and should be avoided. An employer may find it helpful to uncover during an interview that a candidate is unemployed, but acquiring such knowledge could subject the employer to litigation should the applicant be turned away after an interview where his employment status was revealed.

NYSFDA’s FRANK KERBEIN, CAE,

SPHR offers several important

legal updates for funeral homes

in New York City and Buffalo that

will impact how they manage their

human resources. FRANK KERBEIN

Page 18: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

• CAUTIOUSLY EXAMINE RESUME GAPS

Resume gaps pose another dilemma for many hiring employers who commonly scrutinize unexplained periods of unemployment in an attempt to weed out either “difficult” personalities or applicants who, for whatever reason, simply do not seem to stay at any one job for very long. Hiring managers need to tread carefully regarding a current employment gap, and should not ask questions that could be interpreted as an attempt to decipher whether an applicant is unemployed. Similarly, employers should proceed with caution when asking an applicant about the reason for leaving the previous job, especially where there is some indication that the candidate remains unemployed since the loss of that job. While an inquiry into the circumstances and performance at a previous job may normally be entirely legitimate, employers must prevent any discussion from delving into whether the applicant is currently employed or not.

• LAW FAILS TO PROVIDE SUFFICIENT GUIDANCE

Although well-intentioned, New York City’s unemployment discrimination law fails to provide enough guidance to employers and is so broadly worded that it may be difficult for employers to distinguish legitimate hiring practices from ones that could result in unfair discrimination against an unemployed applicant. Until sufficient case law or statutory amendments clarify the boundaries of protection for unemployed job applicants, New York City employers will face a great deal of uncertainty surrounding the hiring process of employed vs. unemployed job applicants.

NYC SICK LEAVE REQUIREMENTS

The New York City Council has overridden a veto by Mayor MICHAEL BLOOMBERG and has approved legislation requiring New York City private-sector employers, outside of the manufacturing industry, to provide paid (or unpaid for certain employers) sick time to employees.

Page 19: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Human Resources

• COVERED EMPLOYERS AND LEAVE ACCRUAL

Employers with at least 15 employees must provide employees with paid sick time, as indicated below, each calendar year (the calendar year can be any consecutive 12 month period determined by the employer).

Assuming the City’s economy, as measured by a financial index maintained by the Federal Reserve Bank of New York, is at or above its January 2012 level, the legislation would be effective: (2) April 1, 2014, for employers with at least 20 employees; and (2) October 1, 2015, for employers with 15-19 employees (although such employers must provide unpaid time effective April 1, 2014). However, implementation would be delayed if the City’s economy erodes.

Employees accrue one hour of sick time for every 30 hours worked, up to a maximum accrual of 40 hours per calendar year and begin accruing time at the start of employment or on the effective date of the legislation, whichever is later.

Employees may begin using accrued time after the 120th calendar day of employment or on the 120th calendar day after the effective date of the legislation, whichever is later.

Employees can decide how much accrued time to use, but an employer may set a “reasonable” minimum increment of use of up to four hours.

Have HR questions? Contact:

[email protected].

Page 20: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

• USES OF LEAVE AND NOTICE REQUIREMENTS

Employees may use accrued time for absences due to:

• The employee’s mental or physical illness, injury or health condition or need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition, or need for preventive medical care.

• Care of a family member who needs medical diagnosis, care or treatment of a mental or physical illness, injury or health condition, or who needs preventive medical care.

• Closure of the employee’s place of business by order of a public official due to a public health emergency, or such employee’s need to care for a child whose school or childcare provider has been closed by order of a public official due to a public health emergency.

Employers may require reasonable notice of an employee’s need to use accrued time, such as up to seven days if the need is foreseeable. Employers may require documentation to support the authorized reason for use of accrued time if the absence is for more than three consecutive work days.

• LEAVE CARRY-OVER AND RECORD-KEEPING REQUIREMENTS Employers must allow employees to carry over accrued unused time from one calendar year to the next, but the employer can cap usage at 40 hours in a calendar year. Employers must retain records demonstrating compliance with the measure for two years and provide access to such records during a governmental investigation. Employers are not required to pay out accrued unused time at separation.

Page 21: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Human Resources• OTHER PROVISIONS

Even businesses not covered by the paid sick time requirement must provide the same amount of sick time to their employees, although such time may be unpaid.Employers covered by the legislation who already provide an amount of paid leave, including paid time off such as vacation or personal days, sufficient to meet the requirements of the legislation and who allow use of such paid leave for the same reasons and conditions as provided for in the legislation are not required to provide additional sick time pursuant to the legislation.

Retaliation against employees who use paid or unpaid time provided by the law is prohibited.

Employers must provide employees at their time of hire with a written notice of the employee’s rights under the law. This notice must be provided in both English and the employee’s primary language, provided that the City’s Department of Consumer Affairs has issued a model notice in such language. The Department is tasked with issuing model notices in various languages allowing employers to fill in applicable dates for such employer’s calendar year.

Aggrieved employees may file an administrative complaint, which shall be investigated by the Department. Penalties include lost wages, reinstatement and civil penalties.

While New York City employers have time to prepare for this enactment, human resources managers and company administrators should review current policies and practices to ensure all necessary changes are timely implemented.

Page 22: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Buffalo “Ban the Box”

Legislation

Recently, the CITY OF BUFFALO joined the “Ban the Box” club, enacting an ordinance amending Chapter 154 of the Code of the City of Buffalo to prohibit employers from inquiring about an applicant’s criminal convictions during the

application process.

This means that employers are prohibited from asking questions about an applicant’s criminal convictions at any time prior to the first interview or on employment applications.

The ordinance applies to public and private employers located within the City of Buffalo, as well as any vendors of the City of Buffalo (regardless of location), with 15 or more employees. The ordinance was initially set to go into effect immediately, but there is an amendment pending that would delay the effective date to JANUARY 1, 2014. It is expected that the amendment will pass

There are some exceptions to this general rule. For example, the ordinance allows inquiries about a criminal conviction where such a conviction would bar employment in that position. Further, the ordinance does not apply to any public or private school or to a public or private service provider that provides care to children, young adults, senior citizens, or the physically or mentally disabled. The ordinance also does not apply to any Fire or Police Departments.

The ordinance provides for a private right of action for an aggrieved party to seek injunctive relief, damages, and attorneys’ fees. Additionally, any individual, whether aggrieved or not, may file a complaint with the Commission on Citizens’ Rights and

Page 23: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Human Resources

Community Relations. Upon a finding of probable cause, the Director of the Commission on Citizens’ Rights and Community Relations may request that the Buffalo Corporation Counsel pursue an action against the accused employer seeking penalties of $500 for the first violation of the ordinance and $1,000 for each subsequent violation.

Although Buffalo’s “Ban the Box” legislation does not prohibit employers from considering a criminal conviction in the hiring process, employers must be aware that Article 23-A of the New York Corrections Law protects an applicant from discrimination based on a past criminal conviction unless: (1) there is a “direct relationship” between the criminal offense and the position sought; or (2) granting employment would pose an “unreasonable risk” to property or to the safety or welfare of specific individuals or the general public. This analysis requires an employer to consider all of the following eight factors:

1. The public policy of the state to encourage the employment of persons previously convicted of one or more criminal offenses.

2. The specific duties and responsibilities necessarily related to the employment sought or held by the person.

3. The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities.

4. The time which has elapsed since the occurrence of the criminal offense or offenses.

5. The age of the person at the time of occurrence of the criminal offense or offenses.

6. The seriousness of the offense or offenses.7. Any information produced by the person, or produced on his behalf, regarding

his rehabilitation and good conduct.8. The legitimate interest of the public agency or private employer in protecting

property and the safety and welfare of specific individuals or the general public.

Going forward, employers who are covered by the ordinance should revisit their application process and revise their employment applications to comply with the “Ban the Box” legislation. Any hiring managers, supervisors, or other personnel who are involved in the hiring process should be trained concerning the ordinance as well as the limitations contained in Article 23-A of the New York Corrections Law.

Page 24: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

OSHA UPDATESNew York State: ALBANY REGIONAL OFFICE IS ACTIVE

If your funeral home is anywhere in eastern New York; from Tarrytown to the Canadian border; from Herkimer County to the Vermont border; you fall within the OSHA Albany

Region. Indications are that the Albany regional office is set to begin random funeral home visits to check for compliance with the OSHA standards. Now is the time to review your OSHA plan documents for compliance. In addition, do a walk-through of your facility looking for any hazardous conditions that may exist.

National: OSHA ENFORCEMENT EFFORT

OSHA recently sent a memorandum to all regional administrators and state plan designees directing inspectors to verify whether employers have provided

and maintained an adequate means of egress from work areas. Funeral homes have previously been cited for failure to mark exit routes and exit doors and for obstructed exit. To avoid being cited during an inspection, employers should ensure: that all exits are marked; all doors that are not exits are clearly labeled as to their purpose or marked “Not an Exit”; that all exit ways remain unblocked; and that all exit doors are unlocked. (Source: NFDA)

If you have any OSHA questions or concerns, please contact FRANK KERBEIN at 800-291-2629 or [email protected].

Page 26: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Entertaining as they are, tablet computers and smartphones are not all fun and games.

Caution:Tablets at

Work

Page 27: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Best Practices

Entertaining as they are, tablet computers and smartphones are not all fun and games.

With all these tablets going to work, funeral homes are scrambling for technology that protects their investments. Tablets don’t do water. Nor do they do dirt, snow or shock. Whether out on a service call, shock and weather to contend with, or in a funeral home where accidental drops and sticky fingers can wreak havoc, businesses want their employees to be able to conduct “business as usual” without worrying about their investment going down the drain.

CONSIDER THIS: With 75 percent of all workers involved in jobs that require mobility, handheld devices are playing an increasing role in business. In fact, 94 percent of Fortune 500 companies were either testing or deploying tablets (such as an iPad) for business use, while Forrester Research recently reported that 81 percent of companies have plans for tablet use and predicts 250 million tablets will be in employees’ hands by 2016. (Source: NAPSI)

In addition to e-mail and internet access, funeral directors use tablets for specialized apps such as pre-arrangement support and consumer presentations.

WHAT CAN YOU DO? Now there are many options to protect on-the-go workhorse tablets no matter where they are or what they are doing. Many sleekly designed cases have hit the market to protect against water, dirt, snow and shock-while maintaining access to all tablet functions.

Page 28: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who
Page 29: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who
Page 30: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Emerging themes include biodegradable caskets, home memorials, and the use of technology.

If over 700 designers worldwide have their way, funerals of the future will look and feel very different. The DESIGN FOR DEATH COMPETITION, sponsored by the LIEN FOUNDATION, ACM FOUNDATION, and the NATIONAL FUNERAL DIRECTORS ASSOCIATION (NFDA) sought to unveil future trends

and ideas for how people will remember the dead. This competition, held in Singapore, was the first of its kind in the world.

Imagine capturing Grandma’s familiar scent for eternity. A micro airship designed to transform people into gentle rain after they die. Or going off in a “mushroom suit” in which the body is biodegraded naturally by mushrooms [see photo at right]. These are just a few of the many ideas revealed by results of the competition aimed to re-imagine deathcare.

“The competition challenges designers to develop new products and

design

winners unveiled

death ComPetition

for

Page 31: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

experiences that create new meaning, interactions and conversations about death. The entries received range from the elegant and sublime, to the thought-provoking and avant-garde. They give death a modern twist and makeover, reducing the fear factor,” said LEE POH WAH, chief executive officer of the Lien Foundation, a Singapore-based philanthropic house noted for its efforts in advancing care for the dying.

The winners of the “Eco/Green Deathcare” category is France’s PIERRE RIVIÈRE and ENZO PASCUAL, with an entry called “Emergence,” where a cemetery is envisaged to be a reservoir of life – made of biological concrete to absorb carbon dioxide and give electricity, and where the departed rest in highly biodegradable urns or coffins that can eventually revitalize the earth through their remains.

Under the “Wrappings of Mortality” category, winners ASTA SADAUSKAITE and LOUCAS PAPANTONIOU from Lithuania and Greece respectively, impressed the jury with the simple but powerful “Family Tree” – a cluster of honeycomb-shaped urn vaults with organic light-emitting diode covers that serve as a final resting place for families.

All winners will go to Austin, TX, and have their work showcased at the annual NFDA International Convention & Expo from October 20-23, 2013.

Design for Death is the first of three joint initiatives between Lien Foundation and ACM Foundation that seek to bring end-of-life matters and deathcare to the forefront of public awareness and appreciation. (Source: NFDA)

winners unveiled

death ComPetition

Page 32: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Travel LIGHT

The last thing you need to take on your vacation is the burden of a high-interest loan!

If you’re planning a trip and need some extra money, make the DIRECTORS CHOICE CREDIT UNION your first stop. Take out a loan before the trip and you’ll know how much you have to spend and how you’re going to pay for it when you get home. Stop in or call us [800-593-5920] and you’ll have the vacation money you need now, peace of mind while you’re on vacation, and no big bills waiting when you get home.

Alert CREDIT CARD COMPANIES

BEFORE TRAVELING

Going on vacation? Imagine checking into a hotel only to find out your credit card accounts have been frozen. Be sure to call your credit card issuers ahead of time to let them know you'll be out of town – especially if it's an international trip. That way, you won't be blocked from using your credit cards when you need them most. Card issuers may do that – for your protection – when unusual activity appears in your account. So just let the issuer know when unusual activity is legit. This is also true of Debit Cards, so be sure to contact the Credit Union as well.

Page 33: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Business Services

NYSFDA Convention

Rate SaleDirectors Choice Credit Union

has reduced advertised loan rates!

NEW specialty rates as low as 3.50% APR*

USED specialty rates as low as 4.00% APR*

DirectorsChoiceCU.com(800) 593-5920* Your APR (annual percentage yield) may vary from the above rate and

will be determined by your credit history.

Page 34: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

PrePlan receives an average of over 900 checks and electronic deposits each week. With such a large volume,

transactions are often returned by the bank for reasons such as insufficient funds, an unauthorized signature, closed account, etc. Below are the steps we take to ensure each returned check or direct debit is handled in a prompt and efficient manner. • PrePlan is first notified by our bank of a pending return and the reason for that

return.• PrePlan then contacts the appropriate funeral home with the consumer name,

deposit amount, and reason for the return. We ask our participating funeral homes to contact the consumer or their family because of the relationship previously established through the pre-arrangement process. This has proven to be less confusing for all parties involved.

• A two-week time period is allowed for the funeral home to contact the consumer or the family regarding the return and determine how they wish to resolve the problem. This time frame allows PrePlan to maintain current and accurate account information for each consumer. The funeral home’s assistance in contacting the consumer as soon as possible is greatly appreciated.

• The funeral home should then notify PrePlan within the two-week period as to whether funds are available for redeposit or if a replacement check is being mailed.

• If we do not receive a response from the funeral home after the initial notification, PrePlan will remove the payment amount or close the account completely, depending on the circumstances surrounding the returned deposit.

• If the item denied is redeposited and returned a second time, the deposit amount will be removed from the consumer account; if the returned deposit represents an initial deposit, the account will be closed automatically.

• Please note PrePlan does not pass on any returned check fees to either the funeral home or their consumer.

Page 35: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Business Services

PrePlan receives an average of over 900 checks and electronic deposits each week. With such a large volume,

transactions are often returned by the bank for reasons such as insufficient funds, an unauthorized signature, closed account, etc. Below are the steps we take to ensure each returned check or direct debit is handled in a prompt and efficient manner. • PrePlan is first notified by our bank of a pending return and the reason for that

return.• PrePlan then contacts the appropriate funeral home with the consumer name,

deposit amount, and reason for the return. We ask our participating funeral homes to contact the consumer or their family because of the relationship previously established through the pre-arrangement process. This has proven to be less confusing for all parties involved.

• A two-week time period is allowed for the funeral home to contact the consumer or the family regarding the return and determine how they wish to resolve the problem. This time frame allows PrePlan to maintain current and accurate account information for each consumer. The funeral home’s assistance in contacting the consumer as soon as possible is greatly appreciated.

• The funeral home should then notify PrePlan within the two-week period as to whether funds are available for redeposit or if a replacement check is being mailed.

• If we do not receive a response from the funeral home after the initial notification, PrePlan will remove the payment amount or close the account completely, depending on the circumstances surrounding the returned deposit.

• If the item denied is redeposited and returned a second time, the deposit amount will be removed from the consumer account; if the returned deposit represents an initial deposit, the account will be closed automatically.

• Please note PrePlan does not pass on any returned check fees to either the funeral home or their consumer.

RATE WATCHMONTHLY GROSS INTEREST YIELD

2.66%MONTHLY NET CONSUMER YIELD

1.91%

PrePlan’s RETURNED CHECK AND

ELECTRONIC DEPOSIT POLICYLike most businesses, PrePlan experiences a certain percentage of returned checks and electronic deposits and must implement a consistent and efficient method of dealing with this issue. The steps outlined in this article have proven over time to be the most effective way to resolve any problems with returned deposits. If you have any questions or concerns, please contact us at 800-577-3752.

Page 36: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Welcome New Member!• Paradise Gardens Funeral Services, Brooklyn

PrePlan is proud to celebrate 25 years!

Thank you FOR HELPING US ASSIST YOUR FAMILIES WITH

THEIR PREPLANNING NEEDS.

Page 37: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Business Services

CLICK the VIDEO ABOVE to view

Ask PrePlan!Need to download or print a PrePlan form? Want to

know what the current interest rate is?

On the Resources page of preplan.org, you can find this plus a whole lot more.

THE VIDEO ABOVE PROVIDES SOME TIPS!

• Paradise Gardens Funeral Services, Brooklyn

Page 38: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Finding the Right Motor Oil

For Your Funeral Service Vehicles

You answered your calling. But as you enter the next phase of your life,

you may find that something else speaks to you – the desire to spend

more time with your family or to pursue a new career or hobby, the ability

to travel, or the freedom just to relax and enjoy your retirement.

Whatever your reason, whenever it’s time, AFC is ready to help. From

appraising your business to finding a buyer, to negotiating terms and helping

with the transition… we’ll be with you every step of the way, helping you get

to whatever is calling you next.

(800) 832-6232 v www.TeamAFC.com v visit us on m

Certified Business Appraisals – Sales & Acquisitions – Minority Stock AssessmentsvFamily Business Issues – Business Plans – Feasibility & Market Studies – Funeral Contract & Income AnalysesEnhancement of Revenue Streams & Cash Flow – Building Budgets – all to suit your unique business needs and goals.

AFC American Funeral Consultants

Melissa Drake Kathy Williams

How will I know

when it’s time to sell my business?When it’s time for

“on call” to take on

a whole new meaning.

40 + Yrs

AFCad_D_Golf Call_021312B&W_Layout 1 2/13/12 2:05 PM Page 1

Page 39: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Best Practices

What’s best and what’s not? That depends. The easiest way to determine what motor oil is right for your vehicle is to consult your owner’s manual for the manufacturer’s specifications and

certifications. Using the recommended oil combined with changing your oil at recommended intervals can help to protect your engine.

To extend the life of funeral service vehicles and to save money, consider using synthetic motor oil. Synthetic oil is not just for vehicles used under extreme conditions, such as racing or off-road. The benefits of using synthetic motor oil are just as relevant to high-performance vehicles as they are to daily drivers and your hearse. Synthetic oils provide longer intervals between oil changes, saving you money and disposing less waste into the environment. Additional benefits include longer service life and emission system compatibility. Synthetic engine oils are ideal for stock, 2011 and newer, unmodified gas and diesel engines under factory warranty.

How often you should change your oil depends on the kind of driving you do. If you primarily make short trips that are less than 10 miles, you will want to change your oil at least twice a year. If you are making longer trips of 20 miles or more, you are safe following your vehicle manufacturer’s recommendations, which could be up to 10,000 miles. (Source: NAPSI)

Funeral service vehicles are expensive! So many funeral home owners are searching for ways to keep them running longer. When shopping for motor oil, you may have to choose between rows of products with different viscosities, various additives and between synthetic or conventional oil.

Page 40: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who
Page 41: August 2013 Calling - New York State Funeral Directors ... · reporters from the Wall Street Journal and Schenectady Daily Gazette about EDRS. Assemblyman Phil Steck, D-Colonie, who

Final Thoughts

What Do You Think?Take a moment to fill out our interactive survey. Once you submit

your opinion, you can view what your peers think too!

Do you feel you have responded adequately

in a business sense to the rising cremation rate?

“It’s not that I’m afraid to die, I

just don’t want to be there when it happens.” ~ Woody Allen

Screenwriter/Director/Actor