Legal Focus

On December 5, 2016, the FMCSA published a final rule, which amended the Federal Motor Carrier Safety Regulations to establish requirements for a Commercial Driver License Drug and Alcohol Clearinghouse (the “Clearinghouse”). The Clearinghouse will be a database that contains information about individuals’ violations of the FMCSA’s drug and alcohol testing program for drivers who hold a Commercial Driver’s License (“CDL”). This article will help ensure that you are compliant with the man...

The FMCSA is considering changes to its Hours of Service rules, some of which will have an effect on the school bus industry. Shortly after the Federal Motor Carrier Safety Administration (“FMCSA”) instituted Electronic Logging Devices (“ELDs”) to record hours of service, it received notice of additional changes which are desired by those who were affected. On August 22, 2019, the FMCSA issued a Notice of Proposed Rulemaking with changes that FMCSA is now proposing to the hours of service re...

While many Contractors understand the importance of safety in their operations, few may actually be maximizing the benefits of company safety policies and procedures. Did you know that an employer with a Certified Workplace Safety Committee is eligible to receive a five percent (5%) discount on their Workers' Compensation Insurance premium annually? Soliciting the assistance of your staff and developing a Certified Safety Committee will help you identify and correct additional risks you may ...

After two years of anticipation, the Department of Labor (DOL) published its Final Rule updating the threshold for overtime pay effective January 1, 2020. This 2019 Final Rule comes on the heels of a previous attempt to update overtime pay thresholds in 2016 during the Obama Administration. The 2016 Final Rule that was placed under a nation-wide injunction by a Texas Federal Judge, and then invalidated by President Trump after he assumed office. Many, including the DOL, hope this one is here to...

Employers are often unsure how to proceed when they receive a complaint of alleged misconduct in the workplace. Sometimes the complaints or allegations are clear and detailed. But, other times employees might not be forth coming with details for a number of reasons. Knowing how to identify and respond to reported or potential improper workplace conduct is important for all employers. Investigating reported or possible incidents of improper conduct in the workplace can be done through a workplace...

Typically, school transportation is provided to school districts, charter schools, and other non-public schools either by the school district’s own transportation department or by a private contractor. However, public transit that is operated by a state or local government authority (an “Operator”), can also, in some instances, provide school transportation services. For an Operator to be able to provide “school bus operations” and also continue receiving federal funds to operate public tra...

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.