Despite the Pennsylvania Medical Marijuana Act (the “PMMA”), being passed over five (5) years ago, many Pennsylvania employers face uncertainty when addressing employees or applicants who are medical marijuana cardholders. The laws around marijuana are quickly evolving with recent court decisions, and recreational marijuana laws are becoming more common in neighboring states. This article will discuss risk management and the employers’ and the drug testing companies’ role in Pennsylvania wit...
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Many Pennsylvania contractors are paid based on “the formula”. But Contractors are often unsure exactly what that means or how the payment according to the formula is calculated. This article is intended to explain the basic elements of “the formula” as a starting point for contractors who want to better understand this critical part of their transportation contract.Click Here to Read More
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Despite the National Highway Traffic Safety Administration’s (NHTSA) continued position that “the school bus is the safest vehicle on the road”, in 2019 the school bus industry has been the focus of increased attention from lawmakers and regulators. Following is a brief discussion of the evolving state and federal laws from the past year that matter most to Pennsylvania’s school bus contractors.
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1/20/2020| Reference Number : 110.2| Legal,
Human Resources,
School Bus,
Legislative/Regulatory | Pennsylvania,
DOL,
U.S. Department of Labor,
Federal Motor Carrier Safety Administration,
Drug and Alcohol,
FMCSA Drug and Alcohol Clearinghouse,
Hours of Service,
Criminal Record,
Flexible Instruction Days,
Clean Slate Law |
On July 2, 2019, Governor Tom Wolf, signed SB 440 into law allowing Pennsylvania schools to have up to five “flexible instructional days” each year in place of face to face classroom time. This means that the number of days that require transportation to and from school could be reduced from the currently required 180 days. While
this may be a benefit to school districts, most school bus contracts are based on an anticipated 180 days of revenue. Eliminating five days of transportation could r...
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The legal environment for the school bus industry was active in 2016. For a summary of the most talked about legal topics of the past year, contact RC Kelly Law Associates for our article titled "Legal Updates for School Bus Contractors The 2016 Year in Review"
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1/20/2017| Reference Number : 83.0| Legal | Fair Labor Standards Act (FLSA),
Seatbelts,
Pennsylvania Right to Know Law,
Walling Test,
Family Education Rights and Privacy Act (FERPA),
Legal Updates,
Training,
Bidding,
Privacy,
House Bill 2274,
Nevada v US DOL,
Hurst v First Student Inc,
Hawkins and Fox43v Central Dauphin School District |
Recently, Pennsylvania state authorities have provided conflicting direction on whether school bus videos must be produced when a copy is requested by a parent or other third party. This article will discuss the conflicting positions and provide practical guidance for contractors.
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There are several regulations that govern the transportation of students to and from school, including the general requirements of school buses (75 PA C S 4552), equipment and safety requirements for school buses (67 PA Code 171), and general requirements for other vehicles transporting school children (75 PA C S 4553). All school bus contractors must comply with these regulations as well as others. However, a recent case (CBM Ministries of S Cent Pa, Inc. v Pa DOT) implies that these requiremen...
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