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Legal Focus

 
Archive by category: Legislative/RegulatoryReturn

Look Who’s Talking: NLRB Limits Management Control of Employee Speech

The National Labor Relations Board (NLRB) issued a memorandum in March 2015 addressing lawful and unlawful policies, procedures, and handbook rules. Specifically, any rule or policy that has a “chilling effect” on an employee’s Section 7 rights to concerted activity may be deemed to be unlawful. These new guidelines provide challenges for many companies to modify and rewrite their Handbook policies and company practices to remain lawful under the National Labor Relations Act.
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School Bus Sales and Use Tax Exemption Upheld

The school bus sales and use tax exclusion is an important tax exemption for school bus contractors in Pennsylvania. Last month a member contractor successfully challenged an auditor’s limitation of that exclusion. Details follow.
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8/16/2015| Reference Number : 61.0| School Bus, Legislative/Regulatory | Sales tax |

HB 1276 (2015 Act 15) CPSL Curative Amendment Passed

On July 1, 2015 House Bill 1276 was passed and signed into law as Act 15 of 2015 updating the Child Protective Services Law (CPSL) regarding the timing and portability of background checks for employees who have direct contact with children. This amendment to the CPSL makes important changes to coordinate with Pennsylvania’s Public School Code of 1949.
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FMCSA Rule Change Regarding Medical Cert for CDL Holders

Many school bus contractors have called our offices with questions about news articles announcing that after January 30, 2015, CDL holders will no longer need to carry a federal medical examiner’s certificate. This article will provide you with the background information regarding this announcement and current status of the FMCSA rule.
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House Bill 1580 Proposes Automated Enforcement for Illegally Passing a School Bus

The Pennsylvania Vehicle Code (Title 75) outlines vehicle and driver responsibilities on the road. Section 75 Pa.C.S. § 3345 (a) states that “…the driver of a vehicle meeting or overtaking any school bus stopped on a highway or trafficway shall stop at least ten feet before reaching the school bus when the red signal lights on the school bus are flashing and the side stop signal arm is activated. In 2011 The National Association of State Directors of Pupil Transportation (NASDPTS) launched a ...
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10/2/2013| Reference Number : 34.0| School Bus, Legislative/Regulatory | Passing a school bus |

Questions from the Road - Regionals 2013

It was a great pleasure to join the PSBA team as they visited Meadville, Washington and Gettysburg during the Regional trip held the last week of March. Each evening session was well attended and we had great participation from the audience. Of course there were a few questions we didn’t get to or we wanted to research the topic a bit more before answering to get the details straight. These excellent questions from the March Regionals are answered below in potpourri fashion.
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Pennsylvania Wiretap Law Updates

As you will recall, in 2012 the Pennsylvania Legislature considered a variety of changes to Pennsylvania’s existing wiretap law, 18 Pa.C.S. § 5703. The existing statue, commonly regarded as the most restrictive in the nation, devotes most of its text to law enforcement’s use of wiretaps and provides criminal and civil remedies for violations. The risk of enforcement against a school bus contractor is an unintended result of that statue. While certain changes to Pennsylvania’s wiretap law wer...
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4/2/2013| Reference Number : 9.1| School Bus, Legislative/Regulatory | Wiretap Law |
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