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Legal Focus

 

The Biden Administration Proposed Overtime Rule – How This May Affect Your Business

Once again, the United States Department of Labor (the “Department’) is looking to expand eligibility for overtime pay required under the Fair Labor Standards Act (the “FLSA”). The newly proposed rule was announced by the Department on August 30, 2023, and subsequently published in the federal register on September 8, 2023. Continue reading for an overview of what the current overtime law requires, what the proposed rule seeks to change, and how your business may be affected.
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FMCSA Pre-Employment Drug Testing of School Bus Driver Applicants

Drug testing is an important part of the job for school bus contractors, but the FMCSA rules can be complex and difficult to understand which complicates the hiring process. Hiring for contractors is also unique because many applicants come to the employer without a commercial driver’s license (“CDL”) or endorsements needed to perform the job. But, contractors do not want to expend a lot of time and money on training for an applicant who they won’t retain. This article discusses common quest...
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9/7/2023| Reference Number : 259.203.2| Pre-Employment Drug Testing, Drug Testing, FMCSA, Job Applicant |

Requests for Bids (“RFB’s”) For School Transportation Contracts in New York

School transportation contracts in New York are subject to statutory bid or proposal processes that allows school districts to compare offers, with varying degrees of detail. The most simple of the two statutory bidding processes is the Request for Bid (RFB). This article discusses the statutory RFB process in New York for school bus contracts, and explains how contracts are awarded by school districts in compliance with New York’s RFB laws.  
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8/18/2023| Reference Number : 205.0| Legal, School Bus, Insurance/Risk Management | New York, Request for Bids |

Registering Your School Buses in Pennsylvania – A Closer Look

Contractors who plan to provide services beyond traditional home-to-school transportation often have questions about what Pennsylvania registration is best for their needs. While each type of school bus registration has a specific intended purpose, many of the use categories overlap. So, each contractor may have a different approach regarding what PA license plate works best for their school buses. Continue reading for information about each of the license plate types available for school bus op...
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Oral Fluid Drug Testing – What You Should Know

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.
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6/1/2023| Reference Number : 259.203.1| Legal, School Bus, Legislative/Regulatory | Drug testing, DOT, FMCSA, Employer Policies |

Confidentiality – FERPA, IDEA, NY Law, and More…

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.
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5/24/2023| Reference Number : 138.1| Legal, School Bus, Legislative/Regulatory | Confidentiality, FERPA, IDEA, New York |

Beware of Citations that Result in Automatic CDL Suspension

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
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