Legal Focus

On January 10, 2024, the United States Department of Labor (the “DOL”) published it’s highly anticipated final rule on employee and independent contractor classification under the Fair Labor Standard Act (the “FLSA”). This final rule – the implementation of which was a primary goal of the Biden Administration – establishes a number of key changes to worker classifications, and rescinds the 2021 Independent Contractor Rule that was put into effect under the Trump Administration. Continue r...

With the recent surge in the cost of fuel, school bus contractors nationwide have been closely monitoring the price at the pump over the last few months. When negotiating or renewing a transportation contract, fuel is typically a topic of significant dialog between the parties. School transportation contracts will normally specify who pays for fuel, but transportation contractors should also consider adding a fuel clause to address future fuel cost volatility.

A pending appeal to the Pennsylvania Supreme Court will challenge existing case law holding that there are no statutory requirements for Department of Education pre-approval of Pupil Transportation Contracts. The case of Bell v. Wilkinsburg School District will be heard in March of this year to decide this important issue. Continue reading for more details.

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...

The end of the school year for students means the beginning of the summer charters season for school bus contractors. Summer camps, church groups, scout groups, and others frequently charter school buses for group trips in the summer. This note will talk about summer charter issues you should consider. But, be aware that all of the issues related to carrying non-student passengers for a fee are far more complex than can be addressed completely in this brief article.

A fuel clause is language in a contract which allows the contractor and the district to share the risk of steep increases or decreases in fuel prices. The fuel clause is typically put into place for diesel fuel and gasoline, however, if your vehicles are using alternative fuels such as propane or electric, you may also want to consider a fuel clause for these fuels. Most fuel clauses address the risk of rising fuel costs. But, recent history has seen both increases and decreases in fuel costs. T...