In This Issue

 

In the month of July, Lobbyit sent out a regulatory alert on FTC oversight of state licensing requirements, populated the Advocacy Hub with language allowing NCISS members to contact the FTC, and continued discussions with the House Small Business Committee per NCISS participation in prospective hearings on cumulative regulatory burden.

 

 

Legislation
S 1737/HR 1010
- Minimum Wage Fairness Act, Harkin (D-La). S 1737 was introduced on 11/19/13 and placed on the Senate Legislative calendar (bypassing committee).

The bill would provide for an increase in the federal minimum wage progressively from $8.20/hr for the first 6 months, $9.15/hr six months later, then $10.10/hr the following year.

Many NCISS member security companies would be harmed by an increased minimum wage requirement, and would be forced to curtail the number of jobs offered.

HR.1755/S. 815
- Employment Non Discrimination Act of 2013 (ENDA), Sen. Merkley (D-WV) S. 815 passed the Senate and is under consideration in the House, where it was referred to five separate committees.

This legislation would ban employers from firing, refusing to hire or discriminating against workers or job applicants based on their sexual orientation or gender identity.

ENDA would make it increasingly difficult and expensive to terminate problem employees, offering them another path for vexatious litigation.

National Labor Relations Board (NLRB) -- The "Ambush" Rule

On March 11, 2014, the NLRB proposed new regulations that would radically change the process for union representation elections, effectively shortening election time frames and limiting employees' opportunity to hear from employers before making a crucial workplace decision. The shorter the election, the less time employers and employees have to communicate about the impact of unionization or about a specific union attempting to organize the workplace.

The proposed rule is based on a false premise, violates employer speech rights, and denies employees the ability to make an informed decision about representation.

S. 2025
"The Data Broker Accountability and Transparency Act," by Sen. Rockefeller (D-WV).

S. 2025 contains a prohibition of "pretexting" by data brokers, prohibiting "obtaining or solicitation to obtain personal information by false pretenses." While it is unclear if the definition of data broker would extend to PIs, prohibiting the use of pretexting by PIs would deprive them of a valuable and necessary tool.

Using false pretenses to acquire information for illegal purposes is already itself illegal. PIs use a variety of "benign" pretexts to gather information or identify individuals for numerous legitimate reasons, including identifying "deadbeat" parents, locating debtors, finding defense witnesses, investigating fraud, locating hidden assets and ill-gotten gains, etc.

Congress must insure that private investigators are not swept into the definition of data brokers, and should include a specific statutory exemption.

HR 1312/S 639
"The Geological Privacy and Surveillance Act," by Representative Jason Chaffetz (R-UT) and Senator Ron Wyden (D-OR). The legislation would require consent of the subject when using of GPS technology for tracking individuals.

NCISS opposes the legislation. The use of the devices for surveillance significantly reduces accident risk during lawful surveillance. 

HR 645
"Equal Employment for All Act," by Rep. Steve Cohen (D-TN.) Would prohibit current or prospective employers from using a consumer credit report for either employment purposes or for taking adverse employment actions.



Stakeholder Activity

In July, the House Small Business Committee (HSBC) held a second hearing on efforts by the Federal Trade Commission (FTC) challenging state licensing board requirements it considers to be anti-competitive. State licensing boards in a variety of industries and professions are dominated by established practitioners, and they sometimes implement licensing requirements which serve no legitimate purpose, but are erected as a barrier to entry for other individuals, or serve some other pecuniary interest of the established practitioners.  For instance, the US Supreme Court will decide this session whether the North Carolina Dental Board has the ability to restrict the practice of teeth whitening to only licensed dentists.


 

Andrew Gavil, FTC's Director of Policy and Planning, testified that the FTC was actively considering examples from the various states of instances where licensing requirements appeared to be structured primarily to limit competition - whether to bar new entrants or keep prices artificially high.


 

Lobbyit communicated with Director Gavil, who is interested in hearing from NCISS members about state licensing requirements which fit this bill.  Lobbyit composed a Regulatory Alert for NCISS membership, and populated the advocacy hub with the materials necessary for NCISS members to contact the FTC directly with such examples.


 

Lobbyit also maintained communication with the HSBC relative to potential participation in upcoming hearings on the cumulative burden of various regulations on small businesses.


 

Of a piece with their interest in overbearing state regulation, HSBC is exploring how a variety of regulations - health, safety, environmental, etc. - stack up to take a disproportionate toll on small businesses.  Lobbyit has been positioning NCISS as a resource in HSBC's investigation, with the potential to appear as a witness when the hearing takes place.


 

HSBC is open to the idea of NCISS participation, and has asked for specific  examples of how the cumulative impact of various regulations have damaged NCISS members or limited their ability to grow. As the fall hearing schedule takes greater shape, Lobbyit will send out a notification of the hearing and a request for salient examples.


 


Francie Koehler                             Maria Landry 



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