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School Bus Contractors and the Unintended Effect of the WARN Act

The Worker Adjustment and Retraining Notification (WARN) Act. 29 U.S.C. § 2101 et seq., passed in 1988, requires employers to provide employees with advanced notice of mass layoffs or plant closings. The advanced notice requirement is intended to help displaced workers find new employment, and there are significant penalties against employers for non-compliance. But, the notice requirements could be triggered in situations where a school district changes from one contractor to another. This...
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6/24/2021| Reference Number : 259.168| Legal, School Bus | Worker Adjustment and Retraining Notification, WARN, Layoff, Termination |

Contractor Payments Based on the Pennsylvania State Transportation Formula

Many Pennsylvania contractors are paid based on “the formula”. But Contractors are often unsure exactly what that means or how the payment according to the formula is calculated. This article is intended to explain the basic elements of “the formula” as a starting point for contractors who want to better understand this critical part of their transportation contract.Click Here to Read More
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Coronavirus Economic Relief for Transportation Services Act (CERTS) – What You Need To Know

School transportation contractors across the country advocated vigorously for economic relief specifically tailored to their industry. To address these concerns, Congress included The Coronavirus Economic Relief for Transportation Services Act (CERTS) as a part of the Consolidated Appropriations Act (CAA) of 2021, Subtitle B, Sec. 420, which was enacted into law on December 2021. CERTS makes available $2 billion in funds for grants to eligible school bus companies, motor coach companies, passeng...
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6/9/2021| Reference Number : 259.170| Legal, School Bus, Legislative/Regulatory | CERTS, Funding |

Preparing Bids Post-COVID

For many contractors this spring is the first time since the COVID-19 school shutdowns began, that they will be preparing proposals or bids for transportation contracts. This article will discuss different post-COVID considerations and strategies.
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Cost Sharing and Openings Clauses in Transportation Service Agreements

As school transportation contractors enter into bid season, it is in the interest of the contractor to price competitively; however, contractors should be careful to consider the possibility of changes to their operational costs during the term of the contract. Currently, there is much discussion at the state and federal level on laws that could affect costs for transportation contractors, such as laws related to changes in infrastructure and school bus safety equipment. In the event that such c...
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Using Public Funds to Secure the Ready Status of Drivers and Fleet on COVID Instruction Days

Across the nation, numerous school transportation contractors continue to experience the financial strain caused by school closures due to the coronavirus. The sudden elimination of in-person school days during the 2019-2020 and 2020-2021 school years has driven many school districts to refuse to pay their transportation contractors, citing that because no driving occurred, there is no service to pay for. However, even when no driving is performed, transportation contractors continue to provide ...
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3/5/2021| Reference Number : 165.0| Legal, School Bus | COVID, COVID-19, Gift of Public Funds, School Closure Days |

Mandatory Covid-19 Vaccination Policies

As we are quickly approaching the one-year anniversary of the introduction of Covid-19 in the United States in February 2020, federal regulatory agencies such as the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) continue to work closely with pharmaceutical companies who are in the process of developing a vaccine to assist with the development and implementation. The Pfizer and Moderna vaccines have been approved by the FDA and are currently in the ea...
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