Occupational Licensing in New York
What is Occupational Licensing?
An occupational or professional license is a permit issued by the government that lets someone work in a particular field. In New York, more than one out of five workers must now get an occupational license before they can legally do their jobs. But many licenses don’t even improve service quality or protect the public from actual harm.
Licenses Create Barriers to Working in New York
Occupational licenses often impose high barriers to entry. That makes it much harder for people to find work or to start a new business. According to the Institute for Justice’s report, License to Work, the average license for low- and moderate-income jobs in New York takes 275 days of education and experience. And those required classes can be very expensive.
For instance, cosmetology is one of the state’s most popular licenses. In New York, it takes at least 1,000 hours of classes to get a license in cosmetology. On average, a cosmetology program in the state costs $13,381, while the average student takes out $6,735 in federal student loans. But despite such a hefty investment, many cosmetologists barely earn enough to get by: Half of cosmetologists make less than $28,220 a year.
All told, the state’s licensing requirements come with heavy costs. A separate study by IJ, At What Cost?, estimated that occupational licensing costs the state’s economy $13 billion and leads to 108,000 fewer jobs each year.
Licensing Lawsuits by the Institute for Justice in New York
On behalf of professional counselor Elizabeth Brokamp, the Institute for Justice is currently challenging New York’s teletherapy rules. During the pandemic, the state has been waiving, on a monthly basis, its requirement that only counselors licensed by the state of New York can provide teletherapy to clients. But whenever government regulators decide the pandemic is over, that waiver will expire, and Elizabeth will no longer be able to help her clients.
Can You Get a License to Work with a Criminal Record in New York?
Licensing boards in New York can disqualify applicants over their criminal record if they believe issuing the license would pose an “unreasonable risk” to public safety. New York bans boards from using arrests, sealed records, and vague standards like “good moral character” to deny licenses. Overall, New York received a C+ for its protections in IJ’s Barred from Working report.
How You Can Help
If you are a New York resident and you want to help fight against these unfair and unnecessary licensing laws, there are a few ways you can get involved. You can donate to the Institute for Justice, sign up for our email updates, and share our message with your network. Together, we can make sure that all New York workers have the economic liberty they deserve.
New York Occupational Licensing
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
Virginia therapist launches a second First Amendment challenge to protect the right to practice talk therapy online across state lines
Albany, New York
Elizabeth Brokamp uses talk therapy to help people improve their lives. When one of her clients relocated to New York she was able to continue speaking with the client online. She’s licensed in Virginia, where…
New York Occupational Licensing in the News
Are Occupational Licenses Preventing You From Working in New York?
Are you not able to exercise your job or open a business because of burdensome occupational licensing requirements in your state?
Are you forced to waste valuable time and money to become licensed?
We might be able to help.
If you want IJ to review your case, please share your situation through the following form.
The Institute for Justice is a nonprofit, public-interest law firm dedicated to the protection of constitutional rights, including the right of individuals to produce, procure, and consume homemade foods free from unnecessary and anti-competitive regulations.
Occupational Licensing Research
License to Work 3
This third edition of IJ’s landmark License to Work report finds that for lower-income Americans, licensing continues to be widespread, burdensome and—frequently—irrational. It also provides a blueprint for meaningful licensing reform.
Cosmetology | Economic Liberty
Beauty School Debt and Drop-Outs
Cosmetology is one of the most widely and onerously regulated occupations for lower-income workers, yet little research has explored the experiences of aspiring beauty workers. This first-of-its-kind study takes advantage of federal educational…
Economic Liberty | Occupational Licensing
Barred From Working
Earning an honest living is one of the best ways to prevent re-offending. But strict occupational licensing requirements make it harder for ex-offenders to find work, thwarting their chances of successful reentry.
Economic Liberty | Occupational Licensing
At What Cost
Not only do state occupational licensing laws force people to spend a lot of time and money earning a license instead of earning a living, they also impose real economic costs. This study takes advantage…
Learn more about our Economic Liberty work.
Economic liberty—the right to earn a living in the occupation of your choice without unnecessary government interference—is at the heart of the American Dream. Unfortunately, all too many entrepreneurs find that this dream is under constant attack by unreasonable licensing, permitting and other requirements that stand in the way of honest competition.Learn More
Reforming Occupational Licensing Nationwide
All Americans deserve the opportunity to earn an honest living. Yet occupational licenses, which are essentially permission slips from the government, routinely stand in the way of honest enterprise. Since our founding, IJ has fought to roll back oppressive occupational-licensing rules in more than two dozen distinct occupations, ranging all the way from tax preparers to florists to traditional African hair braiders. Learn more about IJ’s occupational-licensing work in all 50 states:
Alabama | Alaska | Arizona | Arkansas | California | Colorado | Connecticut | Delaware | Florida | Georgia | Hawaii | Idaho | Illinois | Indiana | Iowa | Kansas | Kentucky |Louisiana | Maine | Maryland | Massachusetts | Michigan | Minnesota | Mississippi | Missouri | Montana | Nebraska | Nevada | New Hampshire | New Jersey | New Mexico | New York | North Carolina | North Dakota | Ohio | Oklahoma | Oregon | Pennsylvania | Rhode Island | South Carolina | South Dakota | Tennessee | Texas | Utah | Vermont | Virginia | Washington | Washington, D.C. | West Virginia | Wisconsin | Wyoming