Legal Focus

The 2017 legal environment was active for school bus contractors in Pennsylvania but the two cases discussed in this article are notable because they demonstrate the wide range of results that can occur when courts review termination of employment due to a driver’s positive drug test. Contact our office to obtain a copy of the full article discussing the cases, as well as considerations for school bus contractors.

The General Duties Clause of the Occupational Safety and Health Act (OSHA), says that “[e]ach employer shall furnish … employees … a place of employment … free from recognized hazards that are … likely to cause … serious physical harm to … employees”, 29 U.S.C. § 654, 5(a). Recently, OSHA fined a York, PA healthcare provider $98,000 because OSHA found that the employer did not properly respond to an employee’s request for help with treating violent patients. This article will discuss wh...

The General Duties Clause of the Occupational Safety and Health Act (OSHA), says that “[e]ach employer shall furnish … employees … a place of employment … free from recognized hazards that are … likely to cause … serious physical harm to … employees”. 29 U.S.C. § 654, 5(a). Recently, OSHA fined a York, PA healthcare provider $98,000 because OSHA found that the employer did not properly respond to an employee’s request for help with treating violent patients. This article will discuss wh...

On May 12, 2016 OSHA published a final rule on reporting workplace injuries and illnesses that affects most school bus contractors. The OSHA final rule requires employers in certain industries to electronically submit the safety information which they are already required to collect and keep manually. Now, OSHA will post this information on its publicly accessible website.

Who is hourly and who is salary in your organization? That could all change soon. In July, 2015 the Department of Labor (DOL) gave notice of a proposed rule making that would increase the Fair Labor Standards Act (FLSA) minimum salary threshold for employee exemptions from overtime protections. The proposed change is dramatic enough to affect 5 million workers and require most employers to restructure the nature of jobs and their workforce to comply with the Act. The changes are expected to be p...

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As detailed in last month’s Legal Focus article, Act 168 goes into effect December 22, 2014. The new regulation requires employers to complete a previous employer inquiry with applicants who will work directly with children. Similar to the previous employer inquiry completed under the DOT Drug and Alcohol regulations, the Act requires the applicant to disclose to all current and prior employers where the applicant had direct contact with children. The applicant will also be required to sign an ...