News & Insights

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.

The Fair Labor Standards Act (“FLSA”) establishes the minimum wage, currently $7.25 per hour, and overtime requirements for employees working over forty (40) hours per week, at a rate of one and one half times the employee’s regular rate of pay. 29 U.S.C. §206, 207. But, employees employed in a bona fide executive, administrative, or professional capacity are exempt from these minimum wage and overtime requirements. 29 U.S.C. §213(a). The United States Department of Labor (“USDOL”) regulati...

In school bus operations, most employees are part-time drivers that do not exceed 40 hours of work in a workweek; however, nearly all contractors have some full-time staff that work 40 hours per week. Occasionally, an employee may be assigned to two jobs with different rates of pay, such as a bus driver and office administrator. Accordingly, contractors may decide to pay these employees two different rates of pay, depending on the job being performed. In such cases, there are special considerati...

President Trump returned to the White House on January 20, 2025, coinciding with the start of the 199th Congress on January 3, 2025 – the first unified republican government since the early half of Trump’s first presidential term. Accordingly, there have been many sweeping changes, as Trump has signed over 200 executive orders since taking office, and congress has been able to pass many important pieces of legislation. Some of these new changes directly affect school bus contractors. Continue ...

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...

Employment issues are common during the holiday season as many businesses experience increased staffing needs, extended hours, and changes in employee availability. Addressing questions related to holiday pay, overtime, and employee leave is important to ensure compliance with labor laws and maintain a positive work environment. Here's how you can address these issues:

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.