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
A provision in a deed limiting the use of property and prohibiting certain uses is termed:
Restrictive covenants
Who is required by law to maintain records on wages, hours worked, and other items listed in the wage and hour regulation
Employer
Which of the following does not need to be priced as a package on the General Price List
- Forwarding of remains
- Receiving remains
- Transfer of remains to funeral home
- Direct cremations
- Immediate burial
Transfer of remains to funeral home
A commissioned preneed funeral salesperson would be subject to the overtime or minimum wage benefits of the FLSA (T/F)
False
An hourly worker must be paid how many more times than their regular pay for all hours beyond 40 in a work week
1 1/2
OSHA requires that training records be maintained for 5 years and medical records for an employee be maintained for 30 years (T/F)
True
Which of the following records does an employer not have to keep:
- Total overtime for each work week
- Total mealtime taken
- Total wage paid each week
- Total hours worked each day
Total mealtime taken
A regulation dividing the municipality into geographical sections and specifying for each such section the nature, character and use of buildings or occupancy within that section is defined as:
Zoning Ordinance
A funeral director is considered a creditor if he extends consumer credit how many times:
More than 25 times per year
An employee or job applicant feels that he / she was a victim of discrimination and files a claim with the EEOC. That charge must generally be filled within six months of the alleged discriminatory practice (T/F)
True
Which of the following is not one of the three specific OSHA standards which funeral directors are subject to?
- Formaldehyde Exposure Standard
- Ventilation Compliance Standard
- Bloodborne Pathogen Standard
- Hazard Communications Standard
Ventilation Compliance Standard
A person appointed by the court to oversee the deceased estate is called:
Administrator
It may be prejudicial to public morals, dangerous to life, or injurious to public rights defines:
A nuisance per se
Credit offered or extended to a person for primarily personal, family, or household purposes is:
Consumer credit
According to the FTC, all door-to-door sellers must notify their consumers that they have the right to cancel the door-to-door transaction at any time prior to midnight of the third business day after the date of the transaction. This applies to all preneed funeral transactions, regardless of whether or not prior negotiations took place when the consumer visited the funeral home where the goods and services are offered for sale (T/F)
False
A person who dies leaving a valid will is called:
Testator
One who inherits real property in a will
Devisee
Which of the following is not included on the MSDS:
- Product name
- Expiration date
- Precautions in handling the product
- How to clean up and dispose of the product
Expiration date
A person who holds a position of trust in relation to another person or his / her property
Fiduciary
Funeral homes generally may be operated in areas zoned for residential use without obtaining special use permits or non-conforming use permits (T/F)
False
The provision that funeral homes must set forth engineering control to reduce the risk of injury from sharps such as needles, scalpels, trocars and syringes falls under the:
Needlestick Safety and Prevention Act
The Age Discrimination in Employment Act provides protection only to those who are:
40 years or older
This Act covers financial institutions and provides consumers of financial institutions the ability to control how and to whom private financial information the consumer supplied to the institution will be used
Gramm-Leach-Bailey Act
The Funeral Rule requires funeral homes to identify on the Statement of Goods and Services those particular cash advance items that have been marked-up (T/F)
True
If a funeral director embalms the body prior to receiving permission and if none of the other two exceptions (legal requirements or exigent circumstances) exist, the funeral director may not charge for embalming even if the family later provides the funeral director with permission to embalm (T/F)
True
The ADA allows a funeral home to impose a surcharge for embalming someone that has died of a contagious disease (T/F)
False
The exigent circumstances exception to charge for embalming must include what conditions?
- The funeral director is unable to contact a family member or other authorized person after exercising due diligence
- The funeral director has no reason to believe that the family does not want embalming
- After embalming the body, the funeral director informs the family that if they choose a funeral that does not require embalming, no embalming fee will be charged, but that a fee will be charged if they select a funeral that does require embalming
One of the priorities the ADA lists for owners of public accommodations or facilities is to provide access to the areas of the public accommodation where goods or services are made available to the public (T/F)
True
Which of the following is not required to be listed on the General Price List:
- Name of funeral home
- Address of the funeral home
- Effective date of the price list
- Name of the funeral home owner
Name of the funeral home owner
A trade embalmer who is an independent contractor is not considered as an employee (T/F)
True
A funeral home with 14 employees is exempt from complying with the ADA’s employment-related provisions (T/F)
True
With regard to the General Price List distribution requirement, which of the following is not true?
- Is triggered wherever face-to-face inquiry is made
- Should be made to all preneed consumers
- Is to be given to individuals for retention without charge
- It is not sufficient for the funeral director to simply indicate that a GPL is available
- It is acceptable to require the consumer to return the GPL to the funeral director
It is acceptable to require the consumer to return the GPL to the funeral director
In the event of an accident at the funeral home involving the death of an employee or the hospitalization of five or more employees, the employer must report the accident to the local or regional OSHA office within how many hours of the accident?
48
A gift of personal property in a will is called a bequest or legacy (T/F)
True
Which of the following is not one of the three criteria of a professional as determined by the Department of Labor?
- Duties consist of performance of learned, artistic, or education matters
- Work requires consistent exercise of discretion and judgment
- Work is vocational in nature
- Work output cannot be standardized in relationship to time, is predominantly intellectual and varied in character
Work is vocational in nature
Which federal statute governs express and implied warranties
Magnuson-Moss
Accruals on preneed insurance policies are not taxed while interest or income on preneed trust funds is subject to federal income tax (T/F)
True
The extinction or withdrawal of a legacy by an act equivalent to revocation
Ademption
The funeral rule applies to and covers only those that sell both funeral goods and services (T/F)
True
Insures that consumers who are provided credit by banks and businesses are completely apprised of all aspects of the credit arrangements
Truth in Lending Act
A gift of real property in a will
Devise
A will in which a soldier in the field or sailor at sea may dispose of personal property only
Soldiers and sailors
An employee required to remain on the employer’s premise and is not free to leave and attend to personal affairs is considered to be:
Engaged to wait
What are required to be priced as a package on the GPL
- Forwarding the Remains
- Receiving the Remains
- Direct Cremation
- Immediate Burial
Any entity that offers to sell or that does sell funeral goods but not funeral services is subject to the Funeral Rule (T/F)
False
If an at-need family owned a life insurance policy with a face value of $5,000 and at the time of death the funeral services cost $6,000 what will happen?
The family will pay the funeral director an additional $1,000
A proportional reduction of a legacy under a will when the funds out of which such legacy are payable are not sufficient to pay it in full
Abatement
An act, occupation or structure which may become a problem by circumstances of the location or manner in which it is operated
Nuisance in fact
The basic services of the funeral director and staff is the only fee on the General Price List which is non-declinable and applies as a condition to obtaining a funeral (T/F)
True
When a person dies without a will, he is said to die:
Intestate
A nuisance may be defined as an unreasonable, unusual, or unnatural use of one’s property so that it disturbs the peaceful, quiet and undisturbed use and enjoyment of nearby property (T/F)
True
Funeral homes must make the hepatitis B vaccine and vaccination series available to employees who have exposure to bloodborne pathogens. The vaccination must be made available at no cost to the employees and at a reasonable time and place (T/F)
True
Funeral homes may offer “package” selections (T/F)
True
If the FTC Door-to-Door Regulation applies to a preneed funeral transaction, which of the following would constitute an unfair or deceptive act or practice upon the part of the funeral director?
- Provides a copy of the contract
- Furnishes the consumer a Notice of Cancellation
- Includes a confession of judgment or a waiver of the consumer’s right of cancellation
- Orally informs the consumer about his / her right of cancellation
Includes a confession of judgment or a waiver of the consumer’s right of cancellation
Under common law, a nuisance is defined as an invasion of a landowner’s interest in the reasonable use and enjoyment of his land (T/F)
True
The Funeral Rule requires that a copy of the Statement of Goods and Services Selected should be retained for how long of a period from the date of the arrangement conference?
12 months
Entities that sell only funeral goods are required to comply with the Funeral Rule (T/F)
False
A mortuary is considered to be a:
Nuisance in fact
It is not a violation of the Funeral Rule for a funeral home to require consumers to pay for what as a condition to receiving funeral services
Non-declinable service fee
A cemetery / funeral home combination is subject to the Funeral Rule (T/F)
True
