Labor and Employment

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...

CSG Midwest

The E-Verify program allows employers to check whether newly hired workers have authorization to work in the United States. Undocumented immigrants are not eligible to work, nor are many people in the country here on short-term visas. Created in 1996 through federal legislation, E-Verify is an internet-based system that uses data from the Social Security Administration and Department of Homeland Security; verification can be instant, and rarely takes more than 24 hours. Individuals who receive “tentative non-confirmations” can challenge the finding.

 

There is no federal requirement for employers to use E-Verify (they do have to collect and verify I-9 forms), and one criticism is that people with fraudulent documents get through the system. The federal government does very few audits, so there is little enforcement of verification requirements. Still, a number of states have requirements of some kind for employers to use E-Verify (even minus such a state law, some employers use the system; see map).
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CSG, in partnership with the National Conference of State Legislatures and the National Governor’s Association, released the National Occupational Licensing Database to help state leaders better understand the national licensing landscape. This database contains information on the criteria required to attain a license in 34 occupations with 18 requirements being assessed. Some of the data points include initial and continuing education requirements, training, experience, exams and fees. Additionally, if a certain occupation is selected, a map of the states that require licensure will be produced (See top image below for map produced when searching the database for information on electricians). The database also allows for the user to make comparisons between states and occupations (See bottom image below for an excerpt of search results from the database when selecting to show information on cosmetologists).

WHEREAS, over the last 60 years, the number of jobs requiring an occupational license has grown from about one in 20 to nearly one in four; and

WHEREAS, when implemented properly, occupational licensing can help protect the health and safety of consumers by requiring practitioners to undergo a designated amount of training and education in their field; and

More than a quarter of U.S. workers now require a license to do their jobs, with most of these workers licensed by the states. States across the country are striving to engage more people in the workforce and at the same time protect the public interest. This session will cover innovative and successful models of state licensure for professions, as state leaders balance consumer protections, flexibility and accessibility for workers.

CSG Midwest
Indiana is planning to invest more than $20 million over the next two years into two grant programs that prepare workers to fill existing and looming job vacancies. Under the Next Level Jobs Initiative, the state will pay for workers to get trained at Indiana’s community colleges and help employers train their new hires.
The state currently has approximately 95,000 job openings, and by 2025, another 1 million are expected due to retirements and the creation of new positions. Many of these will be jobs that require some level of education or training beyond high school. According to the National Skills Coalition, by 2024, 55 percent of Indiana’s jobs will be considered “middle skill” — those requiring less than a four-year college degree but calling for some degree, certification or training beyond a high school diploma. 

Right-to-Work legislation has garnered renewed activity in states across the country. Since 2012, six states—Indiana, Kentucky, Michigan, Missouri, West Virginia and Wisconsin—have adopted right-to-work legislation. Conversely, New Hampshire and New Mexico voted against such a measure during their 2017 legislative sessions. Though legislation varies by state, right-to-work laws allow an employee to work for a business without being obligated to join a labor union. Union groups strongly oppose such legislation as they argue it would jeopardize worker wages and benefits and allow workers who do not pay dues to benefit from union wage and benefit negotiations. Advocates of the law maintain that it encourages economic development and provides options for employees.

This full-day event will cover innovative state practices on hiring and retaining workers with disabilities, including how the state can be a model employer, how to engage and support the business community and best practices on providing employment supports for people with disabilities. The policy academy will include success stories from Kentucky, Massachusetts, Nevada and Oregon on the policies and practices of states that lead to higher labor market engagement by people with disabilities.

As rural communities struggle to grow their economies and retain skilled labor, work-based learning experiences such as internships and apprenticeships offer a promising strategy to address workforce talent shortages and connect individuals to in-demand careers. To achieve scale, there are promising actions state policymakers can take to better align existing programs and resources to support economic development and educational attainment in the rural areas of their states.

The current economic cost of professional and occupational regulation directly impacts one quarter1 of the working population in the U.S. The number of professions or occupations requiring a government license is nearly one quarter2 of the current working population. The majority3 of this increase has been the result of the increasing number of professions or occupations requiring a license. Recent domestic evidence also shows that states vary dramatically in their rates of licensure, ranging from 12 percent to 33 percent.

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