Hera Arsen Ph.D.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

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Size Doesn’t Matter, SCOTUS Rules: ADEA Applies Even to Small Political Subdivisions

On November 6, 2018, the Supreme Court of the United States ruled that the Age Discrimination in Employment Act of 1967 (ADEA) applies to all states and political subdivisions—regardless of their size. In an opinion that...more

11/7/2018 / ADEA , Age Discrimination , Equal Employment Opportunity Commission (EEOC) , Mount Lemmon Fire District v Guido , Public Employees , Public Employers , SCOTUS , Split of Authority , State and Local Government , Title VII

Fair Share Union Fees Are Not Fair: SCOTUS Rules Public Sector Non-Members Don’t Need to Pay

On June 27, 2018, the Supreme Court of the United States announced its decision in a case that tested the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by non-member public sector...more

6/27/2018 / Collective Bargaining , Collective Bargaining Agreements (CBA) , Constitutional Challenges , Fair Share Contribution , First Amendment , Janus v AFSCME , Opt-Outs , Public Employees , Public Sector Unions , SCOTUS , Unions

The Supreme Court’s Decision on Public Union Fees: Still Valid But No Further Guidance

On March 29, 2016, the Supreme Court of the United States issued a per curiam opinion in a case on the validity of public-sector “agency shop” arrangements, which permit unions to charge a fee (in order to pay for select...more

3/30/2016 / Fair Share Law , First Amendment , Friedrichs v CA Teachers Association , Justice Scalia , Public Employees , Public Sector Unions , SCOTUS , Teachers , Union Dues , Unions

Supreme Court Rejects Labor’s Mandatory Dues Collection Initiative in Favor of Workers’ First Amendment Rights

Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more

7/1/2014 / Collective Bargaining , First Amendment , Harris v Quinn , Healthcare , Medicaid , Public Employees , Right to Work , SCOTUS , Union Dues , Unions

SCOTUS Preview: Is the End in Sight for Public Employee Unionism (and Fair Share Fees)?

Does a collective bargaining agreement that requires nonunion home-care workers to pay a fee to a union representative violate the First Amendment of the U.S. Constitution? In the next few days the Supreme Court of the United...more

6/25/2014 / Collective Bargaining , Healthcare , Medicaid , Public Employees , SCOTUS , Unions

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