IJ Issue
Occupational Licensing
Occupational licenses, which are essentially permission slips from the government, routinely stand in the way of honest enterprise. Without these licenses, workers can face stiff fines or even risk jail time.
For a growing number of Americans, gainful employment no longer requires convincing only a potential employer or customer of their value. It requires also convincing the government. This barrier to an honest living makes entrepreneurship more difficult in general. Furthermore, it can be an effective bar on entering many low-income occupations for people with less access to financial capital or formal education. These laws are wrong—economically, morally and constitutionally. Consumers and employers, not legislators and bureaucrats, should decide who succeeds in which jobs. To expand economic opportunity and vindicate the basic constitutional right to economic liberty, IJ is dedicated to rolling back these unnecessary and harmful restrictions.
Economic Liberty Issues
Braiding
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Cosmetology
Cosmetology is the study of beauty practices and includes styling hair, applying makeup, and providing nail care and skin care.
Food Freedom
All individuals have the right to produce, advertise, sell, procure, and consume the foods of their choice. IJ ensures they can use these rights to provide for themselves, their families, and their communities.
Fresh Start
A job is one of the best ways for people with criminal records not to re-offend. But strict occupational licensing requirements make it harder for people with…
Interior Design
Besides unconstitutionally censoring truthful commercial speech, “titling laws” serve as precursors to full-blown occupational licensure, which is the ultimate goal of a small faction within the interior…
Occupational Licensing
Occupational licenses, which are essentially permission slips from the government, routinely stand in the way of honest enterprise. Without these licenses, workers can face stiff fines or even risk jail time.
Transportation
Consumers and entrepreneurs, not government officials, should decide what transportation options are available.
Vending
IJ’s National Street Vending Initiative fights for the rights of all street vendors to earn an honest living.
Occupational Licensing Cases
Economic Liberty | Education Entrepreneurship | Occupational Licensing
Private School, Teacher, and Parent Fight for Integrity, Innovation, and the Century-Old Promise of Freedom
The Case When Capstone Classical Academy opened in Fargo, North Dakota, in 2022, its goal was simple: hire the best teachers possible. At first, the school focused on finding talented educators…
Economic Liberty | Occupational Licensing | Other Property Rights Abuses | Private Property
Pennsylvania real estate broker files lawsuit challenging law requiring brokers to have brick-and-mortar offices
Pennsylvania real estate broker Kevin Gaughen has filed a lawsuit alongside the Institute for Justice challenging a law requiring brokers in Pennsylvania to have brick-and-mortar offices.
Commercial Speech | Economic Liberty | First Amendment | Occupational Licensing
Small Business Challenges Oklahoma's Unconstitutional Restrictions on Casket Sales
Small business challenges Oklahoma's unconstitutional restrictions on casket sales
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
California Regulators Put Anti-spam Crusader Out of Business
Jay Fink has a simple business. If you’re a Californian getting too much spam, he’ll look through your junk folder and pull out the emails that might violate California’s anti-spam law.
Economic Liberty | First Amendment | Occupational Licensing | Occupational Speech
Entrepreneur Fined $1,000 for Using Public Information to Draw Lines on Maps Files Federal Lawsuit Against California
Do you need a government license to trace a map from publicly available data? It might sound ridiculous, but in California the answer is “yes.” An entrepreneur joined with the Institute for Justice (IJ) to file a federal lawsuit challenging these regulations because they violate his First Amendment rights.
Occupational Licensing News
Virginia Counselor Wins Lawsuit Challenging District of Columbia’s Restrictions on Teletherapy Sessions
WASHINGTON—On Wednesday, the United States District Court for the District of Columbia struck down a D.C. law that barred therapists from other jurisdictions from doing online teletherapy visits with clients in D.C. The decision comes nearly six years…
Pennsylvania Real Estate Broker Files Lawsuit Challenging Pennsylvania Law Requiring Brokers to Have Brick-and-Mortar Offices
HARRISBURG, Pa.—Today, a Lemoyne real estate broker filed a lawsuit challenging a law that requires all Pennsylvania real estate brokers to have a physical office in the commonwealth. Kevin Gaughen, represented by…
Oklahoma Small Business Files Lawsuit Challenging State’s Unconstitutional Restrictions on Selling Caskets
OKLAHOMA CITY—Today, a Hughes County small business filed a lawsuit challenging an Oklahoma law that arbitrarily restricts who can and cannot sell caskets in the state. Caskets of Honor owners…
Iowa Barbers, House Member Push for Reintroduction of Barbering Reform Bill After Senate Watered Bill Down
DES MOINES, Iowa—Today, Rep. Derek Wulf reintroduced language to HF 711 that would create an establishment training program for barbers. Currently, barbers have only two options for training: barbering school or…
Mississippi Enacted Hair Braiding Reforms 20 Years Ago, Allowing Thousands of Mississippians to Pursue Their Dreams, Open Small Businesses
ARLINGTON, Va.—Saturday, April 19, marks 20 years since Mississippi enacted hair braiding licensing reform, untangling needlessly burdensome rules that blocked thousands of Mississippians from pursuing careers as natural hair braiders and…
Texas Social Workers, Unconstitutionally Denied the Right to Work, Set to Argue Against Motion to Dismiss
AUSTIN, Texas—Tomorrow, Katherin Youniacutt and Tammy Thompson, two Texas grandmothers with master’s degrees represented by the Institute for Justice (IJ), will defend their position that Texas’ law making them permanently ineligible…
Occupational Licensing Legislation
Economic Liberty | Occupational Licensing
Universal Recognition
Occupational licensing affects nearly 1 in 5 American workers and can be a substantial barrier to interstate mobility. Workers do not lose their skills or experience when they cross state lines, but licensing…
Economic Liberty | Occupational Licensing
Sunrise & Sunset Occupational Licensing Review Act
Occupational licensing is one of the biggest issues in labor economics today. About 25% of workers need a government-issued license to work. That represents a five-fold increase since the 1950s, when only about 5% of workers were licensed. Licensing also dwarfs…
Economic Liberty | Occupational Licensing
Military Families Licensing Recognition Act
The process of transferring an occupational license from one state to another can be daunting, time-consuming, and frustrating. This is especially true for military service members, who frequently relocate due to deployments. It’s not just the service members…
Economic Liberty | Occupational Licensing
Occupational Licensing Relief and Job Creation Act
About a fifth of the American workforce must get a permission slip from the government—known as an occupational license—to legally work in their chosen occupations. Getting a license can be costly and time-consuming,…
Economic Liberty | Occupational Licensing
Occupational Regulation Defense Act
Occupational licensing is under increasing scrutiny. Groups as ideologically diverse as the Obama White House, the Trump Administration’s Federal Trade Commission, the Brookings Institution, the National Conference of State Legislators and the Institute for Justice,…
Occupational Licensing Research
Cosmetology | Occupational Licensing
Clean Cut
Clean Cut analyzed thousands of health inspections across four states and finds nail salons and barbershops were clean and safe, regardless of whether workers faced burdensome licensing, lighter licensing, or no licensing at all.
Economic Liberty | Occupational Licensing
How Sunrise Reviews Help Keep Regulation Focused on Health and Safety
Licensing professionals face a daunting challenge: effectively and justly balancing public health and safety with freedom of occupational practice. Whether in the course of rulemaking, enforcement, or advising lawmakers, licensing professionals can strive to…
