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Unions Union Dues Supreme Court of the United States

Franczek P.C.

New Franczek Series: Labor Updates

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As we’ve previously reported, union organizing is on the upswing and the NLRB is beginning to issue decisions that reverse Trump-era precedents that were generally more favorable to employers.  This is the first in what we...more

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

Beltway Buzz - October 2022

Nomination News. With control of the U.S. Senate in 2023 up for grabs, the Biden administration continues its push to fill agency leadership positions. Late last week, the Senate confirmed attorney Lisa Gomez to run the U.S....more

Fox Rothschild LLP

The End Of The Line For Janus Challenges?

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Following the U.S. Supreme Court’s 2018 landmark ruling in Janus v. American Federation of State, County and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), which made it illegal for public sector labor unions to...more

Franczek P.C.

Non-Union Members Denied Fair-Share Fee Refunds After Janus

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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

Proskauer - California Employment Law

Public Employee Union Members Sue Over Forced Dues Payments

Five In-Home Supportive Service (“IHSS”) providers filed a class-action lawsuit last month challenging their union’s practice of deducting union dues despite their quitting the union. The workers allege their First Amendment...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Franczek P.C.

The Duty of Fair Representation for Public Sector Unions in the Wake of Janus. A Recent District Court Ruling May Signal Change

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On February 22, 2018, in anticipation of the Supreme Court’s ruling in Janus that fair share fees for public sector employees are unconstitutional, the International Union of Operating Engineers, Local 150, filed a lawsuit...more

Fisher Phillips

After The Levee Breaks: How Will Unions Respond To A Post-Janus World

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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

Harris Beach PLLC

Cuomo’s Janus "Fix" Challenged

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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

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

Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

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

Franczek P.C.

A Review of the Supreme Court’s 2017-2018 Term

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The United States Supreme Court concluded its 2017-2018 term with a bang, issuing decisions in several highly publicized cases impacting labor and employment, including Epic Systems Corp. v. Lewis and Janus v. AFSCME. This...more

Snell & Wilmer

The U.S. Supreme Court and the “Fate of the Union”

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Recently the Supreme Court heard oral arguments on a matter that could severely impact the status of unions. The dispute will determine whether nonunion employees working in the public sector should have to pay partial union...more

Adler Pollock & Sheehan P.C.

The U.S. Supreme Court, Unions, And The Future Of Collective Bargaining In The Public Sector

The U.S. Supreme Court will soon hear a case that has the potential to rock the world of unions that represent public sector employees in Rhode Island and throughout the country. The Court will decide whether state...more

Fox Rothschild LLP

Supreme Court (Once Again) Poised To End Compulsory Union Dues For Public Employees

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In January of last year, we noted that the U.S. Supreme Court was poised to end compulsory union dues for California teachers and other public employees. Then in February of last year, Justice Antonin Scalia died. In March...more

Littler

U.S. Supreme Court Agrees to Hear Two Additional Employment Cases This Term

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On September 28, 2017, the U.S. Supreme Court granted certiorari in two cases with labor and employment implications. - In the first case, Janus v. American Federation of State, County, and Municipal Employees, Council 31...more

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

SCOTUS to Consider "Fair Share" Union Dues by Non-Members in the Public Sector

On September 28, 2017, the Supreme Court of the United States announced that it will grant certiorari in a case that will test the constitutionality of requiring mandatory payment of “fair share” union dues to be paid by...more

Bradley Arant Boult Cummings LLP

President Trump—How Will He Change the Courts and What Does that Mean for Employers? (3rd in a 3 Part Series)

In this final post in a three-part series on what employers can expect from the new Trump administration, we consider possible Supreme Court nominees and future rulings affecting labor and employment law. Judicial...more

BakerHostetler

Public Sector Unions Dodge a Bullet on Non-Member Fees

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Public sector union officials and their allies will breathe easier as a challenge to the collection of “agency fees” from non-members was rejected by a deadlocked United States Supreme Court earlier this week. In a per curiam...more

Franczek P.C.

Supreme Court Upholds The Constitutionality of Public Sector Union “Fair Share Fees”

Franczek P.C. on

As we previously reported, in July 2015, the United States Supreme Court decided to hear an appeal of a case from the United States Court of Appeals for the Ninth Circuit regarding the legality of “fair share” fees for public...more

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

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

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court Leaves in Place “Agency Fees” for Non-Union Teachers, 4-4

I recently speculated that the death of Justice Antonin Scalia might result in a 4-4 split in Friedrichs v. California, a case in which non-union public school teachers in California contended that they should not be required...more

Franczek P.C.

Contract Expired So You Want To Stop Deducting Dues From Employee Paychecks? Think Again!

Franczek P.C. on

On August 27, 2015, the National Labor Relations Board overturned 53 years of precedent under Bethlehem Steel, and found that going forward an employer could no longer unilaterally stop deducting union dues from employee...more

Littler

As Expected, the NLRB Eliminates the Employer's Right to Terminate Dues Checkoff Upon Expiration of a CBA

Littler on

On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s...more

Bradley Arant Boult Cummings LLP

Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the...more

Littler

Supreme Court Invalidates Union Fee Requirements Imposed on Homecare Employees

Littler on

On June 30, 2014, the U.S. Supreme Court rejected Illinois law that required homecare providers for Medicaid recipients to pay fees to a union. In Harris v. Quinn, the Court held that compulsory union agency fees imposed on...more

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