Labor and Employment

On June 28, 2018, the U.S. Department of Labor’s Veterans’ Employment and Training Services, or VETS, announced a professional license and credential finder portal for military spouses. The webpage comes after President Trump’s Executive Order Enhancing Noncompetitive Civil Service Appointments of Military Spouses. The webpage provides a comprehensive one-stop destination for occupational licensing portability, pulls resources from across the federal government, and highlights states with licensing rights for military spouses.

States have recently been taking a closer look at noncompete agreements and their impacts on the workforce. This year, the Idaho Legislature strengthened its noncompete laws while the South Dakota Supreme Court issued an opinion only partially enforcing a noncompete. According to Peter Steinmeyer, a member of the law firm Epstein Becker Green, these actions are part of the national trend of...

The Supreme Court held 5-4 in Janus v. AFSCME that state statutes allowing public sector employers and unions to agree that employees who don’t join the union must still pay their “fair share” of collective bargaining costs violate the First Amendment. The Court also held that employees must “affirmatively consent” to join the union. More than 20 states authorize “fair share” for public sector employees.

In Abood v. Detroit Board of Education (1977) the Supreme Court held that the First Amendment does not prevent “agency shop” arrangements where public employees who do not join the union are still required to pay their “fair share” of union dues for collective-bargaining, contract administration, and grievance-adjustment. In Janus, the Supreme Court overruled Abood.

CSG Midwest
Michigan has become the third Midwestern state in three years to repeal its prevailing-wage law, which requires government contractors to provide employees with union-level wages and benefits for state or local public works projects. This legislative action came in June and did not require gubernatorial action. That is because the prevailing-wage repeal was scheduled to appear on the fall ballot. Under Michigan law, the Legislature has 40 days to adopt or reject a ballot proposal. If a proposal is not enacted within this time frame, it goes to the voters. The Detroit Free Press called the Legislature’s decision “the latest blow to organized labor.”

States continue to take significant actions in attempts to lessen barriers to workforce entry caused by occupational licensing. CSG currently facilitates a consortium of 11 states looking at occupational licensing reform as a part of the Occupational Licensing Assessing State Policy and Practice project in partnership with NCSL and NGA, funded by the US Department of Labor. However, the examples below come from states not currently participating in this project’s consortium, signifying that occupational licensing reform is a priority for states nationwide, and not just the 11 states participating in this CSG project.

A commonly cited argument for occupational licensing reform states that licensing results in restricted employment growth and higher wages for licensed workers, which in turn increases consumer costs. Higher wages benefit licensed workers, but wage disparity leads to inefficiency and unfairness, including reducing employment opportunities and depressing wages for excluded workers.

In June 2017, Oregon became the first state to pass legislation requiring retail, hospitality, and food service employers with more than 500 employees to give workers their schedules at least one week in advance. The legislation also requires workers to be given a 10-hour break between shifts or receive extra pay. After passage of the bill, Gov. Kate Brown stated on ...

Following a nationwide search for a place in which to locate its second headquarters, Amazon is expected to announce a winner perhaps soon from among a group of 20 finalists announced in January. As I noted in a post last Fall, the heated competition for HQ2 has not only demonstrated the growing importance of ecommerce and logistics to the nation’s economy but also allowed communities to tout existing infrastructure assets or proposed infrastructure improvements as part of their bids to attract the project. As the finalists have tried to shore up their bids in recent weeks and those that failed to make the list have begun to examine what went wrong, transportation and infrastructure issues have come into play in a variety of ways.

CSG Midwest
In many Midwestern states, the big policy question surrounding economic development these days isn’t how to create jobs, but how to make sure enough workers are available and ready to fill them.

BNSF Railway, one of the largest freight railroad networks in North America, is facing a claim that it violated the Americans with Disabilities Act when it refused to hire an obese applicant. BNSF’s motion for a summary judgment—a request for the court to rule that the other party has no case—was denied by Judge Sharon Johnson Coleman in...

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