Labor and Employment

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.

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...

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).
workforce development icon

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

Pages