News & Insights

Occasionally, school transportation contractors may encounter a situation where either a student or driver requires supplemental oxygen therapy, requiring the driver or student to use a portable oxygen tank. As portable oxygen tanks store oxygen under pressure, transportation contractors that encounter this issue may question the legality and safety of allowing this on the vehicle. Interestingly, no federal or state law explicitly addresses oxygen tanks on school buses; however, regulations on t...

Federal enforcement of English language proficiency (“ELP”) requirements for commercial drivers has changed significantly over the past year. Although the requirement for commercial drivers to be proficient in English is longstanding under applicable Federal Motor Carrier Safety Administration (“FMCSA”) driver qualification regulations, recent FMCSA enforcement guidance provides that drivers who fail ELP can be placed out-of-service during a covered roadside inspection. Now, FMCSA is proposi...

When purchasing a business in Pennsylvania, buyers naturally focus on the purchase price, financing, due diligence, and the assets they are acquiring. One less obvious issue can create significant liability after closing: Pennsylvania’s Bulk Sales Law and the need for tax clearance certificates. Pennsylvania law generally applies the bulk sales requirements when a business sells or transfers 51% or more of certain business assets, including inventory, fixtures, machinery, equipment, buildings, ...

The first weeks of school often bring complaints as students, drivers, aides, and school personnel adjust to new routes and schedules. A parent may report unsafe driving, inappropriate language, failure to follow student transportation instructions, or some other interaction on the bus. As with any complaint received by the Contractor, it is important to respond promptly; however, Contractors should be mindful to review all facts and fully investigate the complaint before responding.

In last months issue of Mind Your Business: PA School Bus Edition, we discussed the job duties test as a component of determining whether an employee is exempt from overtime under the Fair Labor Standards Act (“FLSA”). However, the job duties test is only half of the analysis. To qualify for most exemptions under the FLSA, employees must satisfy both the duties test and the salary test.

Libraries rely on many employees to keep public services running each day. A single library may employ directors, branch managers, professional librarians, circulation assistants, pages, custodians, technology staff, and administrative personnel. Because these roles often overlap, employee classification can be difficult for library boards and administrators. This is especially true in smaller libraries, where one employee may supervise staff, serve patrons, prepare reports, and assist with d...

The Fair Labor Standards Act (“FLSA”) establishes the minimum wage, currently $7.25 per hour, and overtime requirements for employees working over forty (40) hours per week, at a rate of one and one half times the employee’s regular rate of pay. 29 U.S.C. §206, 207. But, employees employed in a bona fide executive, administrative, or professional capacity are exempt from these minimum wage and overtime requirements. 29 U.S.C. §213(a). The United States Department of Labor (“USDOL”) regulati...