Legal Focus

Employers invest significant amounts of time and money in specialized training for prospective and existing employees. When the employee uses their newly acquired knowledge, skill, or credentials for the benefit of the company, the in-vestment pays off. But, if the employee leaves shortly after the training, or never joins the company, the investment is lost. This article provides some insight and suggestions that will help employers avoid losing the value of their investment in specialized trai...

The Employee Handbook and Procedure Manual serve two distinct purposes. The employee handbook is an important opportunity to ensure employees understand the company’s expectations and where to find general information. It is essential for the employer to put things in writing to add clarity and unity of purpose to the company mission and philosophy. The employee handbook is best written using a straightforward language and organized for easy referencing of company policies. It is an importan...

While everyone is aware of the November 2011 amendment to the Federal Motor Carrier Safety Regulations restricting the use of hand-held mobile telephones by drivers of commercial motor vehicles, the recent passage of Pennsylvania’s ban on texting while driving has raised some questions about how violations of the new law will affect holders of commercial driver’s licenses. Following is some information about the new texting while driving ban and about violations that can affect a commercial dr...

As you know, Pennsylvania school bus drivers working for independent contractors are currently eligible to receive unemployment compensation benefits during the summer break while drivers employed by a school district are not. The reason is because Article IV, Section 402.1 of Pennsylvania’s Unemployment Compensation Law (Pa UC Law) has exceptions that apply to employees of political subdivisions like a school district but that do not apply to employees of independent contractors. On October 14...

Much has been written previously and elsewhere in this newsletter regarding the details of the FMCSA ruling that requires states to downgrade a commercial driver’s license (CDL) for failure to submit medical certifications and provide the DOT with information about the type of vehicle being driven (self-certification). Like most states, Pennsylvania is scrambling to implement legislation that will create the forms and processes required for this to occur. Since most states are not prepared to e...

Recent changes to the Pennsylvania Public School Code tightened the state’s qualifications for school bus drivers by expanding the list of disqualifying offenses and by making those convictions a lifetime ban as opposed to a short term (five year) restriction on working as a school bus driver. This article explains the changes and gives some practical advice about the Decem-ber 27, 2011 self-reporting deadline and dealing with affected drivers.

Staffing up for the start of a new school year has generated a number of inquiries about the Americans with Disabilities Act and related state laws. Following is a brief summary that provides general guidance. Each situation is unique but every situation requires proper handling and, most importantly, documentation.