Legal Issues
Recent articlesOSHA REGULATIONS & EXEMPTIONS - Trenching, Shoring, & Excavation RequirementsAn article by Poul Lemasters, NCBVA Legal Counsel – October, 2024 There’s a common word to describe almost any tragic event – unexpected. No one starts off their day expecting something terribly wrong will happen to them. Most people also never think they may be the cause of a tragic event either. But it happens. MARIJUANA IN THE WORKPLACE - Can I Have a Zero-Tolerance Policy?An article by Poul Lemasters, NCBVA Legal Counsel – April, 2024 If you are a little hazy, and think we addressed this topic before – your memory is fine. We have covered drugs in the workplace, yet there have been changes and more questions. And, unfortunately, things are still hazy. But sit back, relax, as we hash out some specific questions about marijuana in the workplace. (And yes, I think that is the last drug pun.) THE CURRENT STATE OF PROTECTING INFORMATION - Loose Lips Sink ShipsAn article by Poul Lemasters, NCBVA Legal Counsel – January, 2024 If you don’t know, although I’m sure you do, during WWII there was a huge need to protect information from potential enemies. The message was simple – be careful when you speak; you never know who is a spy. Is there a lesson here for businesses today? Do businesses have anything to fear when it comes to information that it has? The following article is a brief overview on not only what type of information businesses may have to protect; of course, how to protect it; and also how this information can be leaked. Read moreBREAKS & VACATIONS - A Short Primer on Employee Breaks and VacationsAn article by Poul Lemasters, NCBVA Legal Counsel – October, 2023 It’s nearing the end of the year, so why not grab that last minute vacation? After all, we all deserve a break. Actually, we may be required to take a break! Maybe that vacation is closer than you thought. Let’s be clear. This is a short explanation on what can be a complicated subject – breaks and vacations in the workplace. The subject can become complicated because state laws as well as current business practices will affect your requirements. But you must start somewhere, so here is a quick breakdown on breaks and vacations. NON-COMPETE VS NON-SOLICITATION - The New Landscape for EmployersAn article by Poul Lemasters, NCBVA Legal Counsel – April, 2023 The Federal Trade Commission (FTC) has proposed a rule that would ban all non-competes. The Rule, known as the hold on to your seats for this one – okay, actually it’s the Non-Compete Clause Rule or Rules Concerning Unfair Methods of Competition, would ban all non-competes. Understand that all non-competes includes both all future non-competes as well as those already in existence. You read that correctly. This rule, if implemented, would reach back and void all current non-competes. MODERNIZING THE FUNERAL RULE: Three Things it Means to YouAn article by Poul Lemasters, NCBVA Legal Counsel – February, 2023 If you haven’t heard the news, the Federal Trade Commission (FTC) is in the process of a potential modernized (amended) Funeral Rule. This news shouldn’t be a surprise to anyone. But how can this happen so quickly? It doesn’t, and it has been a bit of a long process to get to this point. The most recent update started in February 2020, but let’s quickly go back to 1984 for a real quick overview of what the Funeral Rule actually is. EMERGENCIES IN THE WORKPLACE & AN ACTIVE SHOOTER POLICY - How to prepare your business and protect your employeesAn article by Poul Lemasters, NCBVA Legal Counsel – September, 2022 In the world of deathcare, when we hear about tragedies where multiple lives are lost, we typically think of how deathcare professionals react to help those families affected. For all those tragedies, I applaud the deathcare profession. What you unselfishly provide in times of need for your communities is without question. From the funeral homes that provide services, the cemeteries that provide a place for memorialization, and the vault companies that provide services and vaults for memorialization, deathcare is always there to help. I wish this article was simply about what we do to help others – but it is not. Unfortunately, there is no business immune to the potential risk of workplace tragedies, and sadly, to an active shooter. This article is not about helping others after a workplace emergency like an active shooter incident; it is an article about helping your business should it be involved in an active shooter incident. EMPLOYEES VS INDEPENDENT CONTRACTORS - How the Gig Economy Affects Your BusinessAn article by Poul Lemasters, NCBVA Legal Counsel – April, 2022 Let's set the scene. The sky was clear. All you could see was an ocean of blue as you squinted from the sun's bright warm light. There he sat. Dennis was a young go-getter who had made his name and place in the world of international banking. And people knew this. Dennis was sought after by other companies, including a start-up. International Asset Transactions (IAT) was the new talk of the town and had made plans to become a big player in the asset-backed commercial paper arena. It may not have sounded flashy - but it's a billion-dollar play, and Dennis knew it. As Dennis sat down with the CEO and President of IAT, he knew what he could offer and what he wanted in return. Dennis laid out his terms. $1000 a day. Plus all expenses. He would begin at this rate - on his terms - as a consultant. Once IAT got out of its fledgling status, then Dennis would agree to become a full-time employee. But for now, Dennis worked from Chicago, would visit the office in New York, and attend events for IAT. However, Dennis was young and knew there was more out there, so he was able to still have other side jobs. They inked the deal, and Dennis was on his way. It was great. Until it wasn't. The sun soon set, and darkness set on the parties. Months had gone by and Dennis was not receiving all his pay. Invoices began to stack up, as IAT couldn't pay the high fees. Left with no choice, Dennis filed a suit against IAT under the Wage Claim Act. Again, Dennis was smart. he knew he could get more under the Wage Act versus a straight violation of a contract claim. Keep reading to find out the rest of the story and learn about the current tests out there to determine if you really have an independent contractor or an employee. Plus, the article looks at pros and cons of classification and some tips to help stay out of trouble. EMPLOYER COVID PROTOCOL - Know Your RightsAn article by Poul Lemasters, NCBVA Legal Counsel – February, 2022 Currently, it may seem like employers have made it through COVID. After all, at the time of writing this article, most states are lifting mask mandates, and it is starting to look like business as usual. But is it? Can employers abandon everything and stay safe? The short answer. No. The longer answer - because of the pandemic, businesses will never be the same, and everyone will have some level of protocol that will most likely always be in place, whether it is through what will always be COVID-19 or until the next pandemic. Now, the really long answer...keep reading. SELLING YOUR BUSINESS - Best Practices & Mistakes to AvoidAn article by Poul Lemasters, NCBVA Legal Counsel – November, 2021 Selling a business is more than putting a sign in the front yard that says, "For Sale." In fact, it isn't even that at all. In his latest NCBVA article, Poul Lemasters gives legal advice on the 5 Ws (and an H too) of selling a business. The article covers:
If you approach selling a business like selling your first car, you're most likely not going to get what you want or should get for your business. Selling a business can be a complicated and timely process that overwhelms many. Typically though, it is because the process is unfamiliar and unknown, that it seems so complicated. Sadly, people that want to sell can get so overwhelmed that they either stop the process or never start in the first place. The following article is meant to help you understand some of the big questions when it comes to selling. It doesn't cover every issue, but hopefully it will give you an overview of the big questions and issues when it comes to selling a business. And this article is not meant to encourage anyone to sell (make sure you read the "Why" section below) but just help you understand the overall process so that when you are ready, you can be informed. WORKERS' COMPENSATION CLAIMS - What you should know about COVID claims, drugs in the work place and how to avoid retaliation claims.An article by Poul Lemasters, NCBVA Legal Counsel – May, 2021 First the big question. Is it Workers’ Compensation, workers’ comp, work comp, or workman’s’ comp? OK, that may not be the biggest question, and in fact it does go by a lot of names. Basically, workers’ compensation is a state mandated system that is meant to protect employees and employers (yes - it was really designed to help employers too).
Each state regulates its own workers’ comp program, and sets rates based on various preset factors such as type of industry as well as a business’s claim history or experience rating. And of all the basics of workers’ comp, it is important to understand that workers’ comp is a no-fault system. This means that if someone is injured in the ‘course and scope of employment’ then workers’ comp insurance will cover the claim. Yes - this means that even if someone is negligent - it is still covered. Basically. But there are always exceptions, and this article looks at a few specific areas to provide a more detailed understanding. It may not cover everything - but it will give your business some understanding on a few areas that may affect you, especially in the wake of COVID. COVID-19 VACCINE - How to handle the vaccine in the workplaceAn article by Poul Lemasters, NCBVA Legal Counsel – January, 2021 It’s 2021 and we need some good news. So how is this for a great headline, "'COVID-19 Vaccine Ready for Millions!” Pretty good stuff! Now how about the next headline, “Employer Forces Employee To Get Vaccine Or You're Fired!” Seems to be a little less positive. Funeral homes and death care employees have been listed in some states as approved to get the vaccine. Now is the time to learn the facts and protect your business. In his new article, Poul Lemasters, NCBVA legal counsel, brings urgent legal advice regarding handling the COVID-19 vaccine at work:
In this issue you will learn how to handle the vaccine in the workplace - including all the liability you have to consider no matter what you choose. Don’t worry, overall this is great place to be, but it doesn’t mean you can just ignore the questions. HIRING - Best Practices & Do's and Don'tsAn article by Poul Lemasters, NCBVA Legal Counsel – August, 2020 We hear you – you’re scrambling to get people interviewed, hired, and on-boarded as fast as possible. You need vault men, painters, office admin, pourers, and grave diggers. See below for Poul Lemasters latest NCBVA article and get legal advice on the Do's and Don'ts of hiring new employees. The article covers:
EMPLOYEE HANDBOOKS - Best Practices & the 10 Key Items They Should IncludeAn article by Poul Lemasters, NCBVA Legal Counsel – January, 2020 Have your eyes already glazed over? Employee handbooks are far from exciting - but they are a crucial part of any business. Do you have one? If you don’t have one - should you? Do you know that an out-of-date handbook can be be as much of a liability as not having one at all? Do you have the key elements of an employee manual? Let’s ask the really ground breaking question - When is the last time you read and reviewed your employee handbook? If you need any answers to these questions - then this next article and Q&A conference call are for you. Get ready for the 10 key elements of any employee handbook - along with the reasons you should have one in the first place! SOCIAL MEDIA IN THE WORKPLACE - The Truth About What Employers Should Know About Social MediaAn article by Poul Lemasters, NCBVA Legal Counsel – October, 2019 You know the old story. An employee posts some bad comments about his boss. Boss fires employee. Employee sues for wrongful termination. Employee wins. Yup - you read that right. You, the employer may not be able to fire someone just because they say some negative stuff about you on social media.
Make sure you know the ins and outs of social media and how it effects your business. DISINTERMENT - Who is in charge?An article by Poul Lemasters, NCBVA Legal Counsel – May, 2019 How many disinterments have you participated in over the years? The number is probably more than zero - and in today’s world, it seems disinterments are becoming more common. So who is responsible? Funeral home? Cemetery? Vault company? Depending on what the disinterment authorization states - oh wait - you’ve never seen or used one of those? I can promise that if you haven’t used a release or authorization, you have never been protected. As someone that is involved in the disinterment process, you need to know and understand the process. Such as:
Make sure you know the risks - and more importantly - the process of how to handle disinterments. Read moreGRAVESIDE LIABILITY - How To Avoid Grave Cemetery Problems: A Primer On A Few Cemetery Liability IssuesAn article by Poul Lemasters, NCBVA Legal Counsel – February, 2019 While death may be the most common theme among cemeteries, the truth is that accidents happen at the cemetery too. The problem is that many professionals don’t really think about the potential accidents; and even if they think about the accidents, they don’t think about how or why they may be responsible. This article is a look into a few ‘accidents’ that, unfortunately, do occur at the cemetery. The focus will be to identify the potential accident; understand who is responsible (aka liable); and then share ways to avoid the problem. In no way is this meant to solve every potential accident, but hopefully this article will provide the framework to help in these accidents, as well as others.
MARIJUANA IN THE WORKPLACE - 5 Issues that are ‘High’ on the List of Things to KnowAn article by Poul Lemasters, NCBVA Legal Counsel – July, 2018 The times they are a changing! What was once banned, illegal, and thought by some as immoral is now legal and becoming one of the largest businesses in the US. Yes, marijuana is now the in thing. The problem is that despite the legal status changing in many states, many businesses still have drug-free workplaces.
THE OSHA SILICA DUST STANDARDS - Understanding this dusty regulationAn article by Poul Lemasters, NCBVA Legal Counsel – May, 2018 In case you haven’t heard - the OSHA Silica Standard went into effect in June of 2016, and all general industry business (like a vault company) have until June 2018 to be compliant.
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