Legal Focus

For many contractors this spring is the first time since the COVID-19 school shutdowns began, that they will be preparing proposals or bids for transportation contracts. This article will discuss different post-COVID considerations and strategies.

As school transportation contractors enter into bid season, it is in the interest of the contractor to price competitively; however, contractors should be careful to consider the possibility of changes to their operational costs during the term of the contract. Currently, there is much discussion at the state and federal level on laws that could affect costs for transportation contractors, such as laws related to changes in infrastructure and school bus safety equipment. In the event that such c...

Across the nation, numerous school transportation contractors continue to experience the financial strain caused by school closures due to the coronavirus. The sudden elimination of in-person school days during the 2019-2020 and 2020-2021 school years has driven many school districts to refuse to pay their transportation contractors, citing that because no driving occurred, there is no service to pay for. However, even when no driving is performed, transportation contractors continue to provide ...

The Occupational Safety and Health Administration (“OSHA”) requires many employers with more than ten (10) employees to maintain injury and illness records if the injuries and illnesses are work-related. In April 2020, OSHA issued guidance that established COVID-19 as a recordable illness and stated that employers may be required to record cases of COVID-19. However, because COVID-19 can be easily transmitted, and considering the fact that a sick employee may be unaware he or she contracted CO...

As we are quickly approaching the one-year anniversary of the introduction of Covid-19 in the United States in February 2020, federal regulatory agencies such as the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) continue to work closely with pharmaceutical companies who are in the process of developing a vaccine to assist with the development and implementation. The Pfizer and Moderna vaccines have been approved by the FDA and are currently in the ea...

Many schools continue to resist payments to school bus contractors, with some schools ignoring invoices, rejecting invoices, or paying unilaterally reduced amounts. As the 2020-2021 school year is underway, non-payment issues continue, leaving many school bus contractors wondering what to do. Fortunately, many states have Prompt Payment Laws that make public entities liable for interest and attorney’s fees if the public entity does not promptly pay invoices from contractors. These laws vary fro...

As remote learning in some form or another continues into the new school year contractors continue to face challenges getting paid for partial services and special operations due to coronavirus. This article suggests some ways to address these issues.