News & Insights

Initiatives decided on November 3, 2020 by Arizona, New Jersey, Montana, South Dakota and Mississippi broadened state marijuana laws. There are now has 36 states and 4 territories with state laws permitting the medicinal and/or recreational use of marijuana. While federal law still prohibits marijuana and would normally control employment actions arising from marijuana, some recent federal courts have allowed state employment discrimination cases arising from drug test related employment termina...

Now that the Payroll Protection Plan loans have started funding – the questions re: how to qualify for forgiveness and how to coordinate these funds with other benefits are on everyone’s mind. School bus contractors have their own unique difficulties in this area, especially in coordination with their contracts and the school year calendar. Just like the application process, the tax issues are as clear as mud in many regards. Some questions can be answered, but some just cannot, so far. So, Ri...

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.

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...

Many remember the 2016 Obama era rule from the U.S. Dept. of Labor (US DOL) that sought to more than double the threshold for overtime pay by employers. That rule was contested in federal court and was ultimately withdrawn by the Trump administration. The U.S. Department of Labor is now again proposing a new rule that would increase the overtime pay threshold and the number of workers eligible for overtime pay and minimum wage.

In September 2018, the Federal Motor Carrier Safety Administration (FMCSA) announced it was revising 49 CFR § 391.41 to permit drivers with a stable insulin regimen and properly controlled insulin-treated diabetes mellitus (ITDM) to be permitted to operate commercial motor vehicles (CMVs) in interstate commerce without an exemption from FMCSA.

Business owners are aware of federal laws that prohibit discrimination in employment. They also understand that federal ani-discrimnation laws protect both current employees and job applicants. So it is surprising to see the recent decsion from the 7th Circuit U.S. Court of Appeals in Illinois ruling that the AGe Discrimination in Employment Act (ADEA does not apply to job applicants claiming disparate impact based on age.