#WorkforceWednesday: NLRB Agenda Puts Pressure on Union and Non-Union Employers - Employment Law This Week®
Perhaps you’ve seen it: A gigantic, inflatable, plastic, fanged, red-eyed, and beclawed rat, nicknamed Scabby, that unions sometimes deploy when protesting non-union businesses. Former NLRB General Counsel targeted Scabby for...more
This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to...more
Senate Bill 1784, which passed both houses of the General Assembly and currently is awaiting the Governor’s signature, contains several provisions that weaken the impact of the United States Supreme Court’s Janus decision and...more
Earlier this month, the Seventh Circuit joined the consensus across the country, concluding in two separate cases that unions that collected fair share fees prior to the U.S. Supreme Court’s ruling in Janus v. AFSCME, 585,...more
Until just last year, it was common for public sector collective bargaining agreements to require employees who elected not to belong to a union, but were still covered by the CBA, to pay “fair share” fees to the union as a...more
The National Labor Relations Board just decided that private sector unions cannot use fees paid by nonmembers to fund their lobbying efforts. Especially when coupled with last year’s momentous Janus decision at the U.S....more
It’s been a little over four months since the United States Supreme Court issued its decision in Janus v. AFSCME Co. 31, 585 U.S. ___ (2018). In Janus, as you’ll recall, the Supreme Court in a 5-4 decision held that agency...more
On August 15, 2018, the New York State Register published the Public Employment Relations Board’s (PERB) notice of emergency adoption and notice of proposed rulemaking. The emergency rule went into effect on July 27, 2018,...more
U.S. Supreme Court Prohibits Forcing Non-Members to Pay Fees to Public Employee Unions - On June 27, 2018, the United States Supreme Court, in the case of Janus v American Federation of State, County and Municipal...more
On the final day of the Supreme Court’s just-completed term, it issued its long-awaited decision in Janus v. AFSCME, Council 31, changing the labor law landscape as we know it. The case involved the compulsory “fair share”...more
It did not take long; on June 13, 2018, a class action lawsuit was filed in the United States District Court for the Eastern District of New York challenging amendments to the New York Civil Service Law that were designed to...more
This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Janus v. American Fed’n of State, County, and Mun. Employees, Council 31, 138 S. Ct. 2448...more
Q: Can public employees, who are not members of a union, be forced to pay union dues? A: No. On June 27, 2018, in a 5-4 opinion, the United States Supreme Court overturned more than 40 years of precedent, ruling that it is...more
As of the Supreme Court’s recent decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, state laws requiring public sector collective bargaining agreements to contain agency shop...more
Just over two years ago, after the passing of Justice Antonin Scalia but before the confirmation of Justice Neil Gorsuch, the U.S. Supreme Court deadlocked in a 4-4 tie over whether unions could require non-members to pay...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
The Supreme Court has declared that mandatory union dues for public employees are unlawful, overturning 40 years of precedent. In Janus v. American Federation of State, County, and Municipal Employees, the Court ruled that...more
As was discussed in our prior blog post and alert, the U.S. Supreme Court in Janus v. AFSCME, 585 U.S. ____ (June 27, 2018) just issued a ground breaking decision with respect to the collection of agency fees from non-union...more
The recent decision from the United States Supreme Court was a significant decision for public sector unions even though its impact may be limited in the State of Wisconsin. The United States Supreme Court held, based on...more
The U.S. Supreme Court this week overruled longstanding precedent to hold that public-sector unions may no longer extract agency fees from nonconsenting employees who have opted not to join a union. Janus v. AFSCME, ___ U.S....more
On June 27, 2018, the U.S. Supreme Court in Janus v. American Federation of State, County, and Municipal Employees, Council 31 struck down an Illinois law requiring public employees represented by a union to pay agency fees...more
Public employee unions differ from those representing private sector employees due to constitutional protections afforded to their members and potential members. For example, the U.S. Supreme Court held in 1977 that the First...more
In a 5-4 ruling split evenly along party lines, the United States Supreme Court bolstered the right of public sector employees to abstain from union membership and compulsory dues payment. The ruling in Janus v. AFSCME...more
In yet another significant victory for employers, the United States Supreme Court has held that the First Amendment prohibits public sector unions from collecting mandatory “agency fees” from non-union members who do not...more
"Fundamental free speech rights are at stake," began the Supreme Court's 5-4 majority opinion in Janus v. American Federation of State, County, and Municipal Employees, Council 31, --- U.S. ----, No. 16-1466 (June 27, 2018). ...more