Legal Focus

Archive by category: Legislative/RegulatoryReturn

Pennsylvania Implements “Under the Hood” CDL Testing Exemption to Enhance Driver Recruiting and Retention

On August 28, 2023, the Pennsylvania Department of Transportation (“PennDOT”) implemented FMCSA’s Under the Hood (UTH) CDL Testing Exemption to enhance school bus driver recruiting and retention as directed by House Resolution 15. This initiative is also known as the “School Bus Only CDL” because it allows school bus operators in Pennsylvania to simplify the CDL training process for candidates who are obtaining their CDL for the purpose of driving a “School Bus Only”. Continue reading f...
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11/28/2023| Reference Number : 259.182.1| School Bus, Legislative/Regulatory | CDL Testing Exemption, Under-the-Hood, FMCSA |

The Biden Administration Proposed Overtime Rule – How This May Affect Your Business

Once again, the United States Department of Labor (the “Department’) is looking to expand eligibility for overtime pay required under the Fair Labor Standards Act (the “FLSA”). The newly proposed rule was announced by the Department on August 30, 2023, and subsequently published in the federal register on September 8, 2023. Continue reading for an overview of what the current overtime law requires, what the proposed rule seeks to change, and how your business may be affected.
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Oral Fluid Drug Testing – What You Should Know

On May 2, 2023, the Department of Transportation (“DOT”) published a final rule permitting the use of oral fluid drug testing in certain regulated drug testing programs. The final rule affects agencies under the DOT, including the Federal Motor Carrier Safety Administration (“FMCSA”). Continue reading to learn more about what the rule requires, as well as some additional considerations regarding oral fluid drug testing.
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6/1/2023| Reference Number : 259.203.1| Legal, School Bus, Legislative/Regulatory | Drug testing, DOT, FMCSA, Employer Policies |

Confidentiality – FERPA, IDEA, NY Law, and More…

For school bus contractors, proper access to and handling of confidential student information is important. This is especially true when dealing with special issues related to a child’s care. Businesses and school districts often struggle to balance the protection of student privacy with the disclosure of information necessary for student health and safety. This article discusses access to and protection of confidential information.
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5/24/2023| Reference Number : 138.1| Legal, School Bus, Legislative/Regulatory | Confidentiality, FERPA, IDEA, New York |

Legal Updates – 2022 in Review

In 2022, school districts operated mostly uninterrupted from the coronavirus, and federal and state governments tackled more issues unrelated to the pandemic. For school transportation contractors, this meant keeping up with new or amended laws and regulations, and other significant events. Continue reading for a discussion on some of the biggest legal topics affecting the school transportation industry in 2022.
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3/20/2023| Reference Number : 259.110.2 | Legal, School Bus, Legislative/Regulatory | HR15, Driver Shortage, Electric Buses, COVID-19 |

Hot Pursuit – Effectively Pursuing School Bus Passing Violators in Pennsylvania

In recent years, public awareness of illegal passing of school buses has increased and Pennsylvania legislators, with the help of PSBA initiatives, have taken notice and made an effort to curb illegal passing. However, often when new laws are passed enforcement is not always as seamless as hoped when the law is written, Pennsylvania School Bus Stopping Laws are no exception. Law enforcement and Pennsylvania courts sometimes have difficulty enforcing the new laws and, as a result, may leave schoo...
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Per Run Pay – Minimum Wage and Overtime Considerations

Many school transportation contractors continue to look for creative ways to retain drivers. Some contractors may decide to pay their drivers on a per run basis, rather than by the hour. This can be an attractive payment model for drivers, and award efficiency with more pay in less time. However, contractors that pay their drivers on a per run basis should be mindful of their obligations of continued compliance with applicable minimum wage and overtime laws. Continue reading to learn how federal...
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