Labor and Employment

If you’ve studied the issue of occupational licensing reform for any length of time, you’ve undoubtedly heard about African hair braiders. The issue of state government regulating the hair braiding industry is a compelling one. Why would a state subject a hair braider to obtain a full cosmetology license, endure hundreds of hours of unnecessary coursework and pay thousands of dollars before they can legally work? Furthermore, the courses required to obtain the required license do not even directly apply to hair braiding but are more...

Often a licensed professional wishing to enter into a new state finds difficulty obtaining the license needed to practice their profession. The delay in obtaining their professional license could mean a lack of income, lost employment opportunities or even a decision to not move into the state.

On July 1, 2019, Gov.  Tom Wolf signed HB 1172 which...

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In his 2019 State of the State address, Arizona Gov. Doug Ducey, former CSG Toll Fellow, urged the Legislature to pass legislation granting universal recognition for occupational licenses, saying “workers don’t lose their skills simply because they move to Arizona.” HB 2569 which was signed into law by Gov. Ducey in April, makes Arizona the first state in the country that allows an individual licensed in another state to receive a comparable license upon moving to Arizona if they meet certain criteria.

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Traditional occupational licensing standards typically require that applicants achieve a certain number of hours of training, education and/or experience and pass a cumulative examination before a license is granted by a state. However, the time-based requirements that states implement can vary widely. For example, aspiring barbers can be required to complete between 1,000 and 2,100 hours of training, depending on the state, before they are eligible for a license. This variance in standards demonstrates the discretion states can take in setting regulations that seek to balance public protection with economic opportunity. While licensing is a means to safeguard public health and safety, overly burdensome regulations can exacerbate the economic costs of licensing such as lower economic outputs and fewer jobs.

Seeking to reduce the regulatory burden on workers, the state of Utah established an alternative to time-based licensing requirements by passing House Bill 226, which grants its Division of Occupational and Professional Licensing the ability to implement competency-based requirements.

With the number of jobs requiring an occupational license at an all-time high, The Council of State Governments (CSG), the National Conference of State Legislatures (NCSL), and the National Governors Association (NGA) have come together to assist states in improving their understanding of occupational licensure issues and enhancing licensure portability.

Currently, the number of jobs requiring an occupational license is nearly one in four. While state licensing is important for...

CSG Midwest
The U.S. state with the nation’s lowest unemployment rate (2.3 percent as of March) will try to attract more skilled workers with $6 million worth of new scholarships and loan repayments. North Dakota’s HB 1171 seeks to address what many policymakers have said is the state’s No. 1 economic issue — workforce shortages.

After refusing to accept or reject petitions for months the Supreme Court has finally agreed to decide whether employers violate Title VII when they discriminate against employees on the basis of sexual orientation or transgender status. Among other things, Title VII prohibits discrimination “because of . . . sex.” 

Until 2017 all federal courts of appeals to consider the question had held Title VII does not protect employees on the basis of sexual orientation. This changed when the Seventh Circuit reversed itself in Hively v. Ivey Tech Community College concluding “discrimination of the basis of sexual orientation is a form of sex discrimination.”

On March 26, Kentucky Gov. Matt Bevin signed HB 323, which will improve occupational licensure portability for veterans, military spouses, and National Guard and Reserve members.1 The bill will require administrative bodies that issue occupational licenses and other regulatory authorizations to endorse and license any applicant that is a member of the National Guard or Reserves, a veteran, or the spouse of a veteran or military...

CSG Midwest
Illinois has joined the growing number of Midwestern states to raise the minimum wage for workers. Six years from now, when SB 1 gets fully phased in, the wage floor for Illinois workers age 18 and older will be $15 an hour. That will be the highest minimum wage in the Midwest; four other U.S. states have adopted $15-an-hour laws.
According to the U.S. Department of Labor, as of the start of this year, six states in the region — Illinois ($8.25 per hour), Michigan ($9.25), Minnesota ($9.86), Nebraska ($9), Ohio ($8.55) and South Dakota ($9.10) — had minimum wages higher than the federal government’s ($7.25). Under the laws in Minnesota, Ohio and South Dakota, wages are adjusted automatically every year to account for changes in the cost of living. In late 2018, with the passage of SB 1171, Michigan legislators eliminated their state’s inflationary adjustment while also increasing the minimum wage. The hourly rate rose to $9.45 in March and will increase to $12.05 by 2030.
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Seeking to survey Florida’s occupational licensing regulations for unreasonably onerous provisions, Florida Gov. Ron DeSantis recently held a one-day “Florida Deregathon” workshop at Valencia College in Orlando.

Seventeen of Florida’s 23 licensing boards had representatives in attendance to respond to the challenge posed by DeSantis in his invitation letter to the event: “Our expectation is that each board arrives prepared to roll-up its...

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