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Archive by category: Legislative/RegulatoryReturn

Legal Focus: The Motor Carrier Exemption from Overtime Under the FLSA

School bus contractors are no stranger to the requirements to pay overtime. Between the nationwide driver shortage requiring drivers to pick up additional trips, and other employees putting in extra hours to support the business, overtime can be a substantial component of your school bus operation. Contractors should be aware that, in some instances, school bus contractors may be exempt from paying overtime under the Fair Labor Standards Act (the “FLSA”). But, there are many considerations tha...
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Legal Focus: 2024 Year In Review

2024 brought many significant changes and events that affect the school bus industry. From the extension of the Under the Hood Exemption, to changes and challenges in new laws affecting employers, there was no shortage of news in the past year. Continuing reading for a recap of the year’s most significant events that may have an impact on you and your business.
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Legal Focus: Corporate Transparency Act Compliance Deadline Suspended by Injunction

On December 3, 2024, a nationwide injunction was issued in the matter of Texas Top Cop Shop, Inc. v. Garland, No. 4:24-cv-478 (E.D. Tex. Dec. 3, 2024) preventing enforcement of the reporting requirements of the Corporate Transparency Act (CTA). On December 6, 2024, the Financial Crimes Enforcement Network (known as “FinCEN”) suspended reporting while the injunction remains in effect.
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Legal Focus: FMCSA Extends Under the Hood Exemption for Additional Two Years

On December 2, 2024, the Federal Motor Carrier Safety Administration (FMCSA) published an extension of the Under the Hood Exemption (the “Exemption”) in the Federal Register. As school transportation contractors know, FMCSA initially granted the NSTA Request for the Under the Hood Exemption in October 2022, after a series of prior waivers, for an Exemption period of two years beginning on November 27, 2022 and ending November 27, 2024. The Exemption period has now been extended by FMCSA for an...
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Legal Focus: What You Need to Know About the Corporate Transparency Act

In January 2021, the United States Congress passed the 2021 National Defense Authorization Act (the “NDAA”), which includes a chapter establishing beneficial ownership reporting requirements for certain companies nationwide. This chapter is known as the Corporate Transparency Act (the “Act’), which goes into effect in the new year. As the effective date is fast approaching, you may have recently heard rumblings of this Act...
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11/14/2024| Reference Number : 259.206| Legal, Legislative/Regulatory | Corporate Transparency Act, Beneficial Owners |

Legal Focus: Will Rescheduling Marijuana Change Drug Testing for CDL Drivers?

As you may have heard, a proposal has been made by the Department of Justice, Drug Enforcement Administration (“DEA”) to reschedule marijuana from Schedule I of the Controlled Substances Act to Schedule III on the basis that marijuana has a currently accepted medical use and does not have the same level of abuse potential or level of physical or psychological dependence as other Schedule I drugs, consistent with the Department of Health and Human Services views on marijuana. The DEA filed a No...
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7/3/2024| Reference Number : 783.7.19| Legal, School Bus, Legislative/Regulatory | Marijuana, Drug Testing, Medical Marijuana, FMCSA |

Legal Focus: Changes to the Department of Labor’s Overtime Rules

Overtime compliance can be difficult to track especially if your employees do not have a typical 9 to 5 workday. In addition, the tests that have been put into place by the United States Department of Labor to track are not always clear if your employees perform multiple types of work at differing rates. Now, the Department of Labor has introduced another change to overtime rules that will require employers to take an even closer look at whether their employees are owed overtime. To learn more a...
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5/15/2024| Reference Number : 259.71.4| Legal, Legislative/Regulatory | overtime, wage and hour, FLSA, Department of Labor, Salary |
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