Legal Focus

In January 2024, New York Governor Kathy Hochul directed the state Department of Motor Vehicles to implement the Federal Motor Carrier Safety Administration’s (“FMCSA”) Under the Hood (“UTH”) CDL Testing Exemption, in an effort to enhance school bus driver recruiting. This initiative is also known as the “School Bus Only CDL” because it allows school bus operators to simplify the CDL training process for candidates who are obtaining their CDL for the purpose of driving a “School Bus Only...

On December 14, 2023 Act 56 of 2023 (formerly HB 1507) was signed by Gov. Shapiro changing the annual instructional time requirement from “180 days and 990 secondary and 900 elementary hours” to either 180 days or 900/990 hours. Contractor awareness and planning will be critical as schools contemplate school calendar changes that could be at odds with existing multi-year transportation contracts, impacting driver recruiting, retention, operations, and costs in significant ways.

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...

School transportation contractors in Pennsylvania may find themselves in a situation where a school district customer is requesting that the transportation contractor carry certain emergency medications and treatments on the school bus. For some, school districts may have inquired about carrying and administering naloxone nasal spray (commonly referred to its brand name Narcan). Some Pennsylvania transportation contractors have also been down this road before with school districts requesting tha...

On August 28, 2023, the Pennsylvania Department of Transportation (“PennDOT”) implemented FMCSA’s Under the Hood (UTH) CDL Testing Exemption to enhance school bus driver recruiting and retention as directed by House Resolution 15. This initiative is also known as the “School Bus Only CDL” because it allows school bus operators in Pennsylvania to simplify the CDL training process for candidates who are obtaining their CDL for the purpose of driving a “School Bus Only”. Continue reading f...

Once again, the United States Department of Labor (the “Department’) is looking to expand eligibility for overtime pay required under the Fair Labor Standards Act (the “FLSA”). The newly proposed rule was announced by the Department on August 30, 2023, and subsequently published in the federal register on September 8, 2023. Continue reading for an overview of what the current overtime law requires, what the proposed rule seeks to change, and how your business may be affected.

Drug testing is an important part of the job for school bus contractors, but the FMCSA rules can be complex and difficult to understand which complicates the hiring process. Hiring for contractors is also unique because many applicants come to the employer without a commercial driver’s license (“CDL”) or endorsements needed to perform the job. But, contractors do not want to expend a lot of time and money on training for an applicant who they won’t retain. This article discusses common quest...