Legal Focus

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.

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...

Understanding fuel costs, taxes, and exemptions is an important part of business planning for school bus contractors. Often there is confusion about what the taxing source, federal or state, and how exemptions work. This article describes the processes for obtaining fuel that excludes the Pennsylvania Motor Fuel Tax or how to seek reimbursement for the state tax for fuel used to transport school students to and from school.

In recent months, the topic of illegal passing of stopped school buses has dominated the news and the industry. During the month of May, ABC News highlighted two instances of illegal passing, one in Ohio and another in Minnesota. In the case of the Ohio accident, the student was lucky to escape with minor injuries. However, in the case of the Minnesota accident, the child remains in critical care in the hospital. Most, if not all, school bus operators are able to recount instances in which their...