Anyone considering the purchase of an existing Pennsylvania business should be aware of Pennsylvania’s “Bulk Sales” laws. These statutes are designed to protect the Commonwealth’s ability to collect unpaid taxes from a business seller, but also provide the buyer with immunity from successor liability for the seller’s unpaid tax obligations to the state. Wise buyers will comply with the pre-close notice requirements to the Department of Revenue and the Department of Labor in order to mitigat...
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In last months issue of Mind Your Business: PA School Bus Edition, we discussed the job duties test as a component of determining whether an employee is exempt from overtime under the Fair Labor Standards Act (“FLSA”). However, the job duties test is only half of the analysis. To qualify for most exemptions under the FLSA, employees must satisfy both the duties test and the salary test.
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When a school bus driver fails a drug or alcohol test, refuses to submit to required testing, or otherwise violates U.S. Department of Transportation (DOT) drug testing regulations, a specific regulatory framework governs driver and employer obligations. Federal regulations require such drivers participate in the Substance Abuse Professional (SAP) program before they return to safety-sensitive duties. 49 C.F.R. §40.285(a). For school bus operators, understanding how this process works, and what ...
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When a school bus driver fails a drug or alcohol test, refuses to submit to required testing, or otherwise violates U.S. Department of Transportation (DOT) drug testing regulations, a specific regulatory framework governs driver and employer obligations. Federal regulations require such drivers participate in the Substance Abuse Professional (SAP) program before they return to safety-sensitive duties. 49 C.F.R. §40.285(a). For school bus operators, understanding how this process works, and what ...
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On December 18, 2025, President Trump signed Executive Order 14370 on expanding medical marijuana and cannabidiol (CBD) research. The Executive Order notes that in 2023, the Food and Drug Administration (FDA) completed a review of medical marijuana use and found scientific support for its use in treatment of pain and other symptoms from certain medical conditions. To date, forty (40) states have approved the use of medical marijuana. Despite the adoption of medical marijuana programs by states, ...
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As school transportation contractors know, the transportation industry is heavily regulated by federal agencies. For the last forty years, federal agencies and courts interpreting statutes to be administered by a federal agency were guided by the decision in the United States Supreme Court Case, Chevron U.S.A. v. Natural Resources Defense Counsel,, 467 U.S. 837. However, a Supreme Court case from 2024 has shook up this longstanding framework, which could have lasting implications for regulatory ...
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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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