Labor and Employment

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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...

Ohio Gov. John Kasich signed SB 255 on Friday which puts an expiration date of 6 years on all state licensing boards unless they are renewed by the legislature. Prior to a board’s end date, the board must present to standing committees so that lawmakers can evaluate the usefulness, performance, and effectiveness of the board. Each board will have the burden of proof to demonstrate there is a public need for its continued existence. The...

Eight states have launched projects aiming to provide opportunities for people who experience mid-career disabilities to remain in and return to the workforce. After a competitive selection process, the U.S. Department of Labor’s Office of Disability Employment Policy in partnership with DOL’s Employment and Training Administration and the Social Security Administration awarded eight states with funding for RETAIN Demonstration Projects.
The goal of RETAIN, or Retaining Employment and Talent after Injury/Illness Network, Demonstration Projects is to test the impact of early intervention strategies that improve stay-at-work/return-to-work outcomes. Stay-at-work/return-to-work initiatives provide timely and effective supports and services that allow employees to remain in the workforce and avoid long-term unemployment. Keeping people engaged in the workplace benefits all stakeholders including the employee, employer and state.

State legislators and government agencies from Hawaii hosted an "Empowering All Abilities" Job Fair for persons with developmental disabilities on Oct. 30 at the Hawaii Capitol. During the fair, each job seeker had a table set up with a presentation board that showcased their interests, strengths and abilities. Prospective employers visited each job seeker's booth. The idea came from Hawaii state Reps. John Mizuno and Lynn DeCoite, who wanted to create an environment where employers had the...

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