Legal Focus

Measles has been headline news recently. According to the Centers for Disease Control (CDC), in the U.S. there were 644 reported cases of measles in 2014 and the first month of 2015 has seen over 100 reported cases, including cases in Pennsylvania. Several contractors have been notified of responsive plans or actions initiated by school district administrators that could result in an interruption of normal school bus operations. You should be prepared.

Many school bus contractors have called our offices with questions about news articles announcing that after January 30, 2015, CDL holders will no longer need to carry a federal medical examiner’s certificate. This article will provide you with the background information regarding this announcement and current status of the FMCSA rule.

School Boards are responsible for making decisions about bus stop locations and student walking routes, but they often delegate these duties to their contractors. Some bus stop locations and walking routes are easy to evaluate, but some may be more complicated and require assistance to make a determination about safety issues. Fortunately, Pennsylvania law, 67 Pa. Code 447.1, provides guidelines for determining if a walking route is safe, and a PennDOT Traffic Unit that is available to assist in...

On December 12, 2014, the National Labor Relations Board (NLRB) issued its Final Rule to Modernize Representation-Case Procedures, sometimes referred to as the “ambush election” Rules, which govern the procedures for union representation elections. The new rules go into effect on April 14, 2015. Read more about what this new rule means, if your company is a target for unionization and what you as an employer should do.

On October 22, 2014 Governor Corbett signed HB 435 of 2103, as amended, into law as Act153. This amendment to Pennsylvania’s Child Protective Services Law, 23 Pa.C.S. § 6301, et seq, (CPSL) expands background clearance requirements to include volunteers who will have contact with children (among other changes applicable to adoptive/ foster parents). Volunteer clearances are required by July 15, 2015 but the new law does not explicitly define the “employers, administrators, supervisors, or o...

On October 22, 2014 Governor Corbett signed Act 168 into law. Originally introduced in 2013, the primary implication of this new law is that it adds a new section to the Public School Code requiring prospective, current, and former employers to share information about applicants seeking jobs where they will have direct contact with children. While Pennsylvania law has long required detailed criminal background checks for school bus drivers, the new law requires prospective, current, and former e...

While Pennsylvania law requires school bus drivers to have a physical no later than every 12 months, most healthcare plans will only pay for an annual physical if it has been more than 12 months since the last exam. This forces a school bus driver to choose between paying out of pocket for an annual exam every other year or risk a gap in compliance with the annual physical requirement. This note will discuss the current Pennsylvania state law, proposed statutory changes, and what some contractor...