Test 2 Flashcards
This pose of the act is to provide disabled individuals with full use and enjoyment of public accommodations
ADA
An instrument executed with required formality by a person making disposition of his property to take effect upon his death
Will
A legatee is one who inherits personal property by a will (T/F)
True
Discrimination on the basis of sex by paying employees of one sex at rates lower than those of the opposite sex in the same establishment, for doing equal work requiring the same skills, effort and responsibility is a violation of:
Equal Pay Act
Under the formaldehyde exposure standards, a formaldehyde reading of 2 ppm in a 15 minute time period represents the:
Short Term Exposure Level
A landowner’s use of property which interferes with the public or another landowner’s use of this property
Nuisance
An employee participated in an investigation of the Wage and Hour Division of a complaint filed against the funeral home. The funeral director learned of this and terminated the employee that participated. The termination by the funeral director would not be considered a violation of the FLSA (T/F)
False
The funeral director is required to disclose prices over the telephone in which instance
Person requesting specific service information
The filing and proving of the will following death is called:
Probate
A debt instrument between a funeral home and consumer which contains a non-possessory security interest in household goods
FTC Credit Practices Regulation
A woman who makes a valid will
Testatrix
According to the Funeral Rule, fees for the use of limousines, hearses or transfer of the remains to the funeral home may be a:
- Hourly fee
- Flat fee
- Mileage fee
The General Price List and Statement of Funeral Goods and Services Selected are given to the consumer after the purchase of the funeral (T/F)
False
The Funeral Rule requires 17 categories that are required to appear on the General Price List (T/F)
False
It is a violation of the Funeral Rule to embalm a body without express written permission regardless of the circumstances (T/F)
False
The condition of an estate of a deceased person which is unable to pay the debts of the decedent and / or the estate is referred to as being:
Insolvent estate
A will written entirely by hand
Holographic will
Example of an employee protected by the FLSA overtime and minimum wage requirements
Secretary
The Funeral Rule is enforced by the Federal Trade Commission (T/F)
True
A work week consists of seven consecutive days beginning on any day and time and consists of how many consecutive hours
168
The funeral home may refuse to give someone price information over the telephone if the person requesting the information does not identify himself or herself (T/F)
False
When a seller requires the purchase of unwanted merchandise in order to provide specific services
Tying arrangement
An addition or modification of a will is known as a:
Codicil
In determining an employee’s regular rate of pay, which of the following benefits are generally considered as wages
Production bonuses
It is not a violation of the funeral rule if:
- The funeral home does not identify the dollar amount of any cash advance markups
- The funeral home stipulates that state or local law requires a casket for direct cremation
- The funeral home fails to inform consumers that state law does not require outer burial containers
- The funeral director claims that embalming will preserve the body for a long or indefinite period of time
The funeral home does not identify the dollar amount of any cash advance markups
Employees which are exempt from the minimum wage and overtime coverage of the FLSA are also covered by the Equal Pay Act (T/F)
True
Funeral homes are increasingly under the scrutiny of this organization, which is responsible for safe working conditions
OSHA
The Department of Labor has determined that funeral director employees cannot be classified as “professionals” (T/F)
True
Under the Equal Pay Act, employers may not discriminate on the basis of sex by paying employees of one sex at rates lower than they pay employees of the opposite sex in the same establishment (T/F)
True
What full time employees are not protected by overtime and minimum wage requirements?
- Executive employee
- Administrator
- Branch manager
- Commissioned outside pre-need salesman
A personal representative of the deceased appointed in the will to carry out the will is called:
Executor
A law passed by a city which regulates the kind of building, residence, or business that can be built in different parts of the city
Zoning Ordinance
A funeral director may charge for unauthorized embalming if legal requirements or exigent circumstances exist (T/F)
True
An injunction is a court order stipulating to refrain from doing or to do a specific act (T/F)
True
Which act was enacted to protect groups from substandard wages and excessive working hours
Fair Labor Standards Act
A will which is dictated orally before witnesses to dispose of personal property and afterwards reduced to writing is termed
Nuncupative will
If a funeral home is a sole proprietorship with the owner serving as the only employee, the funeral home would not be subject to OSHA requirements (T/F)
True
Drug addiction and alcoholism are disabilities, thus individuals currently taking illegal drugs or alcohol are protected by the ADA’s employment-related provisions (T/F)
False
The Fair Labor Standards Act (FLSA) covers which areas of employment that are important to funeral service?
- Overtime compensation
- Minimum wage
- Equal pay
Which of the following is not a purpose of the Funeral Rule
- To establish price limits on Funeral Goods and Services
- To give consumers the right to purchase what they want
- To provide itemized pricing prior to purchase decisions
- To prevent misrepresentations
To establish price limits on Funeral Goods and Services