Legal Focus

On October 22, 2014 Governor Corbett signed HB 435 of 2103, as amended, into law as Act153. This amendment to Pennsylvania’s Child Protective Services Law, 23 Pa.C.S. § 6301, et seq, (CPSL) expands background clearance requirements to include volunteers who will have contact with children (among other changes applicable to adoptive/ foster parents). Volunteer clearances are required by July 15, 2015 but the new law does not explicitly define the “employers, administrators, supervisors, or o...

On October 22, 2014 Governor Corbett signed Act 168 into law. Originally introduced in 2013, the primary implication of this new law is that it adds a new section to the Public School Code requiring prospective, current, and former employers to share information about applicants seeking jobs where they will have direct contact with children. While Pennsylvania law has long required detailed criminal background checks for school bus drivers, the new law requires prospective, current, and former e...

While Pennsylvania law requires school bus drivers to have a physical no later than every 12 months, most healthcare plans will only pay for an annual physical if it has been more than 12 months since the last exam. This forces a school bus driver to choose between paying out of pocket for an annual exam every other year or risk a gap in compliance with the annual physical requirement. This note will discuss the current Pennsylvania state law, proposed statutory changes, and what some contractor...

There’s a simple way to avoid many risk management claims like worker’s compensation, bus accidents and regulatory citation: Don’t put the wrong worker to work. The “wrong worker,” is anyone who is physically unable or unfit to perform essential job functions. Creating and following a Fitness for Duty program at your company can help you identify workers who should not be behind the wheel, turning a wrench or assisting special needs students in an out of the seat. In doing so, you can prot...

The 2013 Hours of Service Federal Regulations have been making a buzz in the school bus industry recently and have sparked some important questions and concerns. Are school bus drivers on activity runs required by state or federal laws to keep a Record of on Duty Status (RODS) log? This article will provide an overview of the Hours-of-Service Safety Regulations, the Record of on Duty Status (RODS) log requirement, who is exempted from RODS, and what you as a contractor should do.

Title VII of the Civil Rights Act of 1964 as amended prohibits employment discrimination and retaliation by employers against employees who file claims. Recently, retaliation claims have surpassed all other types of claims made by employees to the Equal Employment Opportunity Commission (EEOC). While the EEOC guidance manual has not permitted employers to avoid claims of retaliation by the employer’s showing that there were other legitimate reasons for adverse action against an employee, the Un...

Many businesses have started Facebook and LinkedIn pages as part of their marketing campaigns and a recent 2013 CareerBuilder.com survey reports that 39% of employers search social networking sites to screen job applicants. Whether on Facebook, LinkedIn, Twitter, or personal blogs, social networking on the internet is a quickly evolving business risk. The attached article outlines the risks of using social networks and how to protect you and your business.