News Story

The Dangers of Painting — State Law Requires Training, Exam, Fees For the Right to Earn a Living

'Irrational' licensing requirements force painters, floor sanders, glaziers to give time and money

Want to make a little extra cash painting houses this summer? Thanks to Michigan’s licensing apparatus, it’ll cost you.

Michigan law requires painting contractors to pay $235, take 60 hours of state-approved prelicensure education, pass two exams and be over 18 years of age, according to the Institute for Justice, a libertarian public interest law firm. Michigan is one of only 10 states that licenses painters — and only five states require any education to paint for a living.

Lisa Knepper, director of strategic research at the Institute for Justice, worked on the firm’s recent report on licensing in all 50 states. She says that occupational licensing has "rapidly become a burden" on middle-class citizens across the nation.

"We looked at 102 occupations affecting low or middle-income workers. What we found is that these licensing burdens are not only widespread, but irrational," she said. "[States force]  workers [to] spend a lot of time getting licensed rather than working."

Michigan requires licensing in a variety of areas not commonly done in other states.

Floor sanding and finishing contractors, those who "scrape and sand wooden floors to smooth surfaces using floor scraper and floor sanding machines," are required to pay $215, take 60 hours of state-approved education, pass an exam and be over 18 years of age. Michigan is one of only nine states who require licensing for floor sanders, and only five states require any extra education to perform this task.

If citizens want to install security alarms, the state requires $200, over 1,400 hours of training, an exam and a minimum age of 25, according to the Institute for Justice. Sixteen states require no license for security alarm installers.

Glaziers, those who install glass, are licensed in only nine states. Michigan requires a license, $215, 12 days of experience and an exam. Only four states require any extra education to perform this task, the Institute found.

Belinda Wright, a licensing manager with the Department of Licensing and Regulatory Affairs for the State of Michigan, said that painters who receive more than $600 for a project need to be approved by the state.

“The law says that residential builders and residential alteration contractors (painters) require a license,” she said.

Occupational licensing proponents often point to the requirements for safety reasons. But Kneppler said it is unlikely that this licensing has made Michigan a less dangerous place to work and live.

“We are not aware of any epidemic of harm from residential painters or floor sanders around the nation from unlicensed workers,” Knepper said. “This undermines the case that it is truly a safety issue.”

The state Office of Regulator Reinvention has recently suggested 18 occupations that should be deregulated. One industry, barbers, are required to spend 2,000 hours in training — more than lawyers in Michigan.

House Bill 5326 submitted to the Michigan legislature by Rep. Ray Franz would exempt individuals and contractors from a variety of licensing mandates, including painting. It currently sits in committees for the State House and Senate.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

News Story

Labor Group Targets Disabled Rehab Program Participants For Unionization

Labor activists are continuing their attempt to expand the definition of an "employee" and are now targeting disabled and other workers.

Peckham Inc., a private nonprofit that provides vocational rehabilitation and job training, is being targeted for unionization.

Located near Capital City Airport in Lansing, Peckham has 1,100 clients it works with. They are people with disabilities or other conditions that make finding employment difficult. Peckham classifies the workers as clients rather than employees and they are being rehabilitated or trained for possible entry into the job market. Under the program, they receive various levels of payment for their efforts. The products made at Peckham are chiefly produced under government contracts.

"Peckham is committed to maintaining a respectful environment for our clients, who are persons with disabilities and other barriers to employment, involved in paid job training programs," said Bonnie Zimmerman, Peckham's public relations administrator. "We will continue to provide and maintain a supportive, flexible and positive work environment."

Lansing Workers’ Center and the International Association of Machinists and Aerospace Workers are behind the effort to get the trainees at Peckham into a union. Those unions helped form the United Peckham Employees Association, and are helping the group distribute union authorization cards among program participants. Signing an authorization card indicates support for United Peckham as the exclusive collective bargaining agent for those being rehabilitated and trained.

If enough signatures are gathered, the next step would be turning them over to Michigan employment relations officials. If the unionization effort reaches that stage the issue of whether the Peckham clients are even eligible to be considered "employees" likely will arise.

However, Michigan's employment relations officials have established a pattern of buying into union efforts to expand the definition of employees. They allowed unions to classify as employees people who run daycares out of their homes, people who take care of needy loved ones in their homes and graduate student research assistants at the University of Michigan. However, those groups were all later determined ineligible to be classified as state employees.

With this as a backdrop, Peckham appears to be working to prevent the unionization by discussing the potential ramifications with its clients.

"Peckham has a long and proud history of helping people with disabilities gain a foothold in the world of work," Zimmerman said. "While we respect the right of individuals to organize, we will continue to work hard to ensure that all clients have the information and resources they need to make an informed decision."

According to news accounts, those backing the unionization effort have accused Peckham of paying "starvation wages" and, in some cases, payment below minimum wage. They also claim Peckham has retaliated by laying off some of those in the job traing programs who support unionization.

Peckham denies using layoffs as retaliation and blames recent layoffs on a decrease in government contracts. Company officials also point out that they have trouble competing for private contracts due to the company's low productivity rate. This low productivity is to be expected considering the products are made by people who are disabled or in training.

Union organizer Mike Kolhoff, with the Lansing Workers’ Center, could not be reached for comment. However, the Lansing Workers' Center website features the unionization effort at Peckham. 

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.