Posts Tagged ‘occupational licensure’

Reformers target occupational licensure

Alden Abbott reports at Truth on the Market on legislative initiatives to curb occupational licensure, which often works to limit competition and consumer choice.

At the state level, the American Legislative Exchange Council has developed something called the Model Occupational Board Reform Act, with four components:

The State will use the least restrictive regulation necessary to protect consumers from present, significant and substantiated harms that threaten public health and safety.

An occupational regulation may be enforced against an individual only to the extent the individual sells goods and services that are included explicitly in the statute that defines the occupation’s scope of practice.

The attorney general will establish an office of supervision of occupational boards. The office is responsible for actively supervising state occupational boards.

The legislature will establish a position in its nonpartisan research staff to analyze occupational regulations. The position is responsible for reviewing legislation and laws related to occupational regulations.

While the federal government’s involvement in the subject is relatively limited, Sens. Mike Lee (R-Utah) and Ben Sasse (R-Neb.) have introduced a bill intended to liberalize licensure in the District of Columbia, military bases and in national parks.

More on licensure: Patricia Cohen, New York Times. Its relation to economic inequality [David Henderson] And why does the state of Louisiana require 750 hours of training before you can pluck eyebrows as a living? [Kevin Boyd, The Hayride]

Arizona governor cuts off many public sector lobbyists

“Arizona Gov. Doug Ducey issued an executive order [last month] that effectively ended all government contracts with lobbyists in Arizona. The order terminated contracts with professional lobbyists at all state agencies, boards and commissions.” In future, state agencies other than the judiciary and independently elected officials will need permission from the governor to hire lobbyists, and Ducey’s office said requests would be “heavily scrutinized” and require documentation that the hiring would be important for the “public health, safety and welfare of the state and the taxpayers.” [Miranda Leo, KTAR; Gov. Doug Ducey order; Yvonne Wingett Sanchez, Arizona Republic] A gubernatorial spokesman says outside lobbyists hired by professional licensing and other boards have often “pushed for burdensome regulations, and that these agencies lack sufficient reporting practices.” The move “comes nearly a decade after the Goldwater Institute — a conservative think-tank — recommended it.” [Stina Sieg, KJZZ]

Free speech roundup

  • No, the “government can’t make you use ‘zhir’ or ‘ze’ in place of ‘she’ and ‘he'” [Josh Blackman, Washington Post; earlier on NYC human relations commission guidelines; Hans Bader/CEI on new D.C. rules along similar lines]
  • Matt Welch on New York Attorney General Eric Schneiderman and the “casually authoritarian” movement to harass and legally penalize climate deniers [Reason] While styled as fraud probe, AGs’ climate denial investigation is essentially a SLAPP suit meant to silence advocacy [Ronald Bailey; letter from 13 attorneys general critical of probe] As one skirmish ends, expect wider war to continue, as Virgin Islands AG withdraws widely flayed subpoena against our friends at Competitive Enterprise Institute [John Sexton] Massachusetts Attorney General Maura Healey now chasing “right-leaning groups that have never received a penny from Exxon” including local political foe Beacon Hill Institute [Hans Bader/CEI] We’re the ones asking questions around here: AGs dodge public record/FOIA requests on probe [Chris Horner/Fox News]
  • “N.Y. Senate passes bill banning funding for university student groups that ‘encourage’ ‘hate speech'” [Eugene Volokh]
  • Licensing and other laws often restrict what members of professions and occupations can say, a problem that deserves more and better First Amendment scrutiny than it’s gotten [Timothy Sandefur, Regulation]
  • Ninth Circuit will review ruling striking down Idaho ag-gag law [Baylen Linnekin on appellate amicus, Idaho Statesman, NPR last year]
  • Ken White on why it’s okay to loathe Gawker and its actions but still see the danger in Thiel/Hogan episode [L.A. Times, related Dan McLaughlin, earlier]

Workplace roundup

  • The proportion of jobs requiring a license has risen from roughly 5 percent in the 1950s to 25 percent now, and why that matters [Edward Rodrigue and Richard V. Reeves, Brookings] Signs of bipartisan agreement that occupational licensing has gone too far [J.D. Tuccille, Reason] And surprisingly or not, it’s emerged as an Obama administration cause [Matt Yglesias, Vox]
  • “25 quick takes (no kidding!) on the EEOC’s proposed national origin guidance” [Robin Shea]
  • “Trial lawyers’ pecuniary interests have shifted our focus toward termination decisions, instead of hiring and promotion practices” [Merrily Archer]
  • Is it lawful to move full-time employees to part-time work to avoid ObamaCare mandates? [Jon Hyman, related]
  • Florida Supreme Court decision spells Christmas for workers’ comp lawyers, and insurers proceed to file 17 percent rate increase, so everyone’s happy [Insurance Journal]
  • “Uber and the gig economy’s existential litigation threat” [Alison Frankel] Labor union grip on state legislature imperils benefits of sharing economy [Steven Greenhut]

February 17 roundup

  • Cross-examination of Mr. Hot Yoga left jury steamed, especially when it came to explaining the luxury cars [Lowering the Bar; more on Bikram Choudhury litigation]
  • Forty-nine (!) Georgia corrections officers accused of taking bribes, drug trafficking [WXIA Atlanta; compare Baltimore jail guards scandal]
  • More reactions to Justice Scalia’s death: Lee Liberman Otis, Joseph Bottum, Emily Zanotti, David Wagner/Ninomania. His legacy on the Fourth Amendment [Jonathan Blanks, Cato] On canines in the curtilage and the Bill of Rights more generally [Jacob Sullum] Labor and employment law bloggers on his passing [Jon Hyman] Immune to internationalist argle-bargle, Scalia was actually one of SCOTUS’s more cosmopolitan members [Julian Ku/Opinio Juris]
  • Los Angeles joins San Francisco and Boston in banning chewing tobacco in Dodger Stadium and every other park and stadium in the city, because it can [Curbed LA]
  • “They are both highly educated attorneys” which means they should have known better than to launch that lurid plot to plant drugs on the rival PTA mom [Washington Post]
  • To get a cosmetology license in Ohio, you’ll need to undergo training in spotting signs of human trafficking [Elizabeth Nolan Brown/Reason; earlier on hair and beauty professionals as informants]
  • “British teenager creates robot lawyer to help people with their legal queries” [Mashable]

The political obstacles to occupational licensure reform

Libertarians and economists have applauded the Obama administration for calling attention lately to the high cost of legal exclusions on who can practice common jobs. “The share of the workforce that has a required state license — for everything from hearing aid dealers to funeral parlor owners — has grown from 5 percent in the 1950s to nearly 29 percent today, [said Jason Furman, chair of President Obama’s Council of Economic Advisers], sometimes with the effect of raising prices for consumers.” But in “taking on cosmetologists — and other licensed professions — the White House may have picked a fight it can’t win.” [Lydia DePillis, Washington Post]

Free speech roundup

  • Understanding the liberal-conservative gap on what “free expression” means [Ronald K. L. Collins]
  • Foes of Yik Yak “want universities to ban the very app that gives marginalized students a voice on campus” [Amanda Hess, earlier] No-platforming: “It is an anti-Enlightenment movement.” [Claire Lehmann on Germaine Greer case] At UCLA, administrators and activists are attacking the core right to free speech [Conor Friedersdorf]
  • “If you know what you’re doing, you bring in the litigators before you start running your mouth.” [Popehat on game developer’s lawsuit threats, language]
  • “Climate change, Galileo, and our modern Inquisition” [Edward Dougherty, Public Discourse/MercatorNet on climate RICO] “Veteran campaigner Bill McKibben and Democratic presidential candidate Bernie Sanders demand the Obama administration launch a criminal investigation [over Exxon’s allegedly improper issue advocacy]… victory over deniers and climate criminals is always just around the corner” [Holman Jenkins, Jr., WSJ, paywall]
  • In Denmark, courage of cartoon editors belatedly recognized, yet fear governs press [Jacob Mchangama, Politico Europe]
  • Federal judge: First Amendment forbids Kentucky officials to shut down parenting column written by N.C. psychologist on grounds that it constitutes practice of psychology in Kentucky without a license [Caleb Trotter, Pacific Legal Foundation]
  • “To Tweet or Not to Tweet: How FDA Social Media Guidelines Violate the First Amendment” [Kirby Griffis and Tamara Fishman Barago, Washington Legal Foundation]

September 30 roundup

  • “In reality, government officials often have strong incentives to mandate warnings that are misleading or flat-out wrong” [Ilya Somin] George Akerlof and Robert Shiller’s analysis of consumers as fools leaves something to be desired [Alex Tabarrok, New Rambler Review]
  • “The suppression of competition [is] a core driver of skyrocketing inequality.” New Steven Teles article sure to be much discussed touches on occupational entry restriction, land values inflated by municipal regulation, many other topics of interest [National Affairs]
  • “Patterico Prevails: Vexatious Legal Attack on Speech Fails” [Popehat]
  • On the topic of legal remedies against looks-ism, which I wrote about in The Excuse Factory, C-SPAN airs my comments as a counterpoint to Prof. Rhode [video, begins 1:30, more including transcript]
  • “How copyright is killing your favorite memes” [Caitlin Dewey, Washington Post “Intersect”]
  • University of Nebraska/Kearney agrees to pay $140,000 to two former students for not allowing psychological support dogs in dorms [Department of Justice press release]
  • Regulation of child care provision drives up costs, has unintended consequences [Diana Thomas and Devon Gorry, Mercatus]

Labor and employment roundup

  • The Bernie-Sanders-ized Democratic Party: $15/hour minimum for tipped workers now a platform plank [Evan McMorris-Santoro, BuzzFeed]
  • Austin’s new ban on unlicensed household hauling will hurt informal laborers without helping homeowners [Chuck DeVore]
  • Ellen Pao drops suit against Kleiner Perkins, complaining that California job-bias law, often considered among the nation’s most pro-plaintiff, is against her [ArsTechnica, earlier]
  • “Court of Appeals Reverses Board Decision Allowing Employees to Wear ‘Inmate,’ ‘Prisoner’ Shirts in Customer Homes” [Seth Borden, McGuireWoods]
  • “New Jersey’s Supreme Court has dramatically expanded the state’s whistleblower law… the Court’s decision confirms that CEPA likely is the most far-reaching whistleblowing statute in the U.S.” [New Jersey Civil Justice Association, more, Ford Harrison]
  • In NLRB-land, an employee can act all by himself and it will still be “concerted” action protected as such under the NLRA [Jon Hyman]
  • New York City government to invest in hiring halls for day laborers [New York Daily News]