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
12/19/2019
/ Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Legislative Agendas ,
Non-Union ,
Payroll Deductions ,
Proposed Legislation ,
Public Sector Unions ,
SCOTUS ,
Stare Decisis ,
Union Dues
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
11/26/2019
/ Constitutional Challenges ,
Defense Strategies ,
Fair Share Contribution ,
First Amendment ,
Good Faith ,
Janus v AFSCME ,
Motion to Dismiss ,
Non-Union ,
Payroll Deductions ,
Putative Class Actions ,
Restitution ,
SCOTUS ,
Union Dues ,
Unions
As widely anticipated, the U.S. Supreme Court just held by a 5-4 vote that fair share agreements are unconstitutional. (Janus v. AFSCME). The decision is effective immediately and requires all public bodies to cease...more
6/28/2018
/ Appeals ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Janus v AFSCME ,
Non-Union ,
Payroll Deductions ,
Public Sector Unions ,
Reversal ,
SCOTUS ,
Stare Decisis ,
Union Dues
As we previously reported, in July 2015, the United States Supreme Court decided to consider the legality of “fair share” fees for public employees....more
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
10/3/2017
/ Certiorari ,
Collective Bargaining ,
Constitutional Challenges ,
Fair Share Contribution ,
First Amendment ,
Friedrichs v CA Teachers Association ,
Janus v AFSCME ,
Opt-Outs ,
Public Employees ,
Public Sector Unions ,
SCOTUS ,
Unions
Under Title VII, the Equal Employment Opportunity Commission (EEOC) has the authority to issue subpoenas for documents relevant to its investigations. Prior to the Supreme Court’s decision in McLane Co. v. EEOC, which issued...more
On Tuesday the U.S. Supreme Court held that a public employee could sue his employer for retaliation where the employer demoted him for engaging in constitutionally-protected political activity, even though the employer was...more
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
On June 30th, the United State Supreme Court granted certiorari in Friedrichs v. California Teachers Association, and will consider whether public sector agency shop arrangements, also known as “fair share” contractual...more
On Friday, the Illinois Supreme Court ruled that pension reform legislation passed in 2013, commonly referred to as Senate Bill 1, violates the pension protection clause of the Illinois Constitution. The Court upheld a...more
On Monday, the United States Supreme Court issued its anxiously anticipated decision in Harris v. Quinn, a case brought by Illinois home health aides challenging the requirement in a collective bargaining agreement that they...more