Legal Focus

Despite the National Highway Traffic Safety Administration’s (NHTSA) continued position that “the school bus is the safest vehicle on the road”, in 2019 the school bus industry has been the focus of increased attention from lawmakers and regulators. Following is a brief discussion of the evolving state and federal laws from the past year that matter most to Pennsylvania’s school bus contractors.

Employers are often unsure how to proceed when they receive a complaint of alleged misconduct in the workplace. Sometimes the complaints or allegations are clear and detailed. But, other times employees might not be forth coming with details for a number of reasons. Knowing how to identify and respond to reported or potential improper workplace conduct is important for all employers. Investigating reported or possible incidents of improper conduct in the workplace can be done through a workplace...

Many remember the 2016 Obama era rule from the U.S. Dept. of Labor (US DOL) that sought to more than double the threshold for overtime pay by employers. That rule was contested in federal court and was ultimately withdrawn by the Trump administration. The U.S. Department of Labor is now again proposing a new rule that would increase the overtime pay threshold and the number of workers eligible for overtime pay and minimum wage.

In September 2018, the Federal Motor Carrier Safety Administration (FMCSA) announced it was revising 49 CFR § 391.41 to permit drivers with a stable insulin regimen and properly controlled insulin-treated diabetes mellitus (ITDM) to be permitted to operate commercial motor vehicles (CMVs) in interstate commerce without an exemption from FMCSA.

Business owners are aware of federal laws that prohibit discrimination in employment. They also understand that federal ani-discrimnation laws protect both current employees and job applicants. So it is surprising to see the recent decsion from the 7th Circuit U.S. Court of Appeals in Illinois ruling that the AGe Discrimination in Employment Act (ADEA does not apply to job applicants claiming disparate impact based on age.

It is inevitable that a school bus contractor will receive an inquiry from the media after a notable event. Or perhaps a school bus contractor would like to share a good news story with neighbors and the school community. In both instances, knowing how to present your company in the most postive light is critical.

In January of this year Act 43 of 2017 created a new tax witholing obligation for Pennsylvania business. The new law aims to assure that non-residents of Pennsylvania pay their fair share of income tax owed on revenue generated from Pennsylvania based business. The new law aims to assure that non-residents of Pennsylvania pay their fair share of income tax owed on revenue generated from Pennsylvania based businesses.