News & Insights

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...

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.

Many school transportation contractors continue to look for creative ways to retain drivers. Some contractors may decide to pay their drivers on a per run basis, rather than by the hour. This can be an attractive payment model for drivers, and award efficiency with more pay in less time. However, contractors that pay their drivers on a per run basis should be mindful of their obligations of continued compliance with applicable minimum wage and overtime laws. Continue reading to learn how federal...

For school transportation contractors in Pennsylvania, it is peak hiring season as the start of the new school year is just under a month away. Many contractors are navigating through the nationwide driver shortage to find drivers to fill seats on school buses for the upcoming school year, and are beginning to take a closer look at policies and practices relating to the hiring and training of drivers. As contractors continue to look for creative ways to address the driver shortage while experien...

After two years of anticipation, the Department of Labor (DOL) published its Final Rule updating the threshold for overtime pay effective January 1, 2020. This 2019 Final Rule comes on the heels of a previous attempt to update overtime pay thresholds in 2016 during the Obama Administration. The 2016 Final Rule that was placed under a nation-wide injunction by a Texas Federal Judge, and then invalidated by President Trump after he assumed office. Many, including the DOL, hope this one is here to...

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.