Legal Focus

On May 2, 2023, the Department of Transportation (“DOT”) published a final rule permitting the use of oral fluid drug testing in certain regulated drug testing programs. The final rule affects agencies under the DOT, including the Federal Motor Carrier Safety Administration (“FMCSA”). Continue reading to learn more about what the rule requires, as well as some additional considerations regarding oral fluid drug testing.

For school bus contractors, proper access to and handling of confidential student information is important. This is especially true when dealing with special issues related to a child’s care. Businesses and school districts often struggle to balance the protection of student privacy with the disclosure of information necessary for student health and safety. This article discusses access to and protection of confidential information.

Even the safest school bus driver could be cited by police or a DOT enforcement officer at some point. Sometimes a minor indiscretion, on personal time, leads to the driver think that a quick and quiet disposition is best. But, pleading guilty and paying a fine can lead to serious and unexpected consequences. Many drivers are unaware that many offenses require an automatic CDL license suspension that could put your driver out of action. Continue reading for more information

As we approach the end of another school year, many school transportation contractors will once again ramp up their summer recruitment and hiring practices. While some transportation contractors have found temporary relief from the weight of the ongoing driver shortage, such as those who are in states that have adopted the FMCSA Under the Hood Waiver, most contractors will continue to battle the shortage heading into the coming school year. As contractors are casting a wider net for school bus d...

School bus contractors frequently have questions about the use of tax free “red dyed” diesel fuel for student transportation. Contractors want to be sure they are compliant with all laws, and often have to answer questions from schools, and sometimes from fuel suppliers who are not familiar with school bus operations. Continue reading to learn more about applicable laws on tax free red dyed diesel fuel.

In 2022, school districts operated mostly uninterrupted from the coronavirus, and federal and state governments tackled more issues unrelated to the pandemic. For school transportation contractors, this meant keeping up with new or amended laws and regulations, and other significant events. Continue reading for a discussion on some of the biggest legal topics affecting the school transportation industry in 2022.

In recent months, the legal landscape regarding employee non-competes and non-disparagement terms in severance agreements has evolved significantly at the national level. In the past, these have been important tools that help employers maintain and protect their competitive business information and settle disputes with certain employees. However, recent decisions of federal regulatory agencies and administrative bodies could change the viability of these tools. Continue reading for more details ...