In an August 28, 2020, opinion, a sharply divided panel of the U.S. Court of Appeals for the Third Circuit joined a growing consensus of federal appellate courts in recognizing the good-faith defense to claims of restitution...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
In Janus v. AFSCME, Counsel 31, the U.S. Supreme Court ruled that it is unconstitutional for a State or labor union to require public-sector employees who are not union members to pay fees to the union....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
On June 27, 2018, the U.S. Supreme Court decided Janus v. American Federal of State, County, and Municipal Employees, holding that the First Amendment does not permit states to require public-sector employees to contribute...more
The decades-long battle over union security faces two important pivot points during the summer of 2018. On June 27, 2018, the Supreme Court of the United States handed unions a major defeat in the season’s first major fight. ...more
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
It appears that a number of labor unions are planning for the potential negative impact of a big decision regarding fair share fees. We have heard from several public sector clients who have been contacted directly, or who...more
Just last week on February 26th, the United States Supreme Court heard arguments in Janus v. AFSCME, a case in the Court’s 2017 term with a potential of adversely impacting the viability and influence of public sector unions....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
The U.S. Supreme Court has granted certiorari in Janus v. Am. Fed'n of State, Cty. & Mun. Employees, Council 31 to decide whether it is constitutional to require public employees to pay agency fees (also known as "fair share"...more
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
Four Pennsylvania school teachers, two Santa Clara Valley Medical Center pharmacists, and three New York school workers have filed separate suits challenging the constitutionality of state requirements permitting the unions...more
Public employees in three different federal circuits filed lawsuits this week challenging the constitutionality of public unions' right to require nonmembers to pay agency fees (also known as "fair share" fees). The...more
On Friday, a St. Clair County court issued an order requiring all State of Illinois agencies to immediately reinstate the payment of fair share fees, deducted from non-union member State employees’ paychecks, to labor unions...more
Last week, three State of Illinois employees filed a motion to intervene in Governor Rauner’s lawsuit challenging fair share fees, which is currently pending in federal court in the Northern District of Illinois. Meanwhile,...more
Yesterday, Governor Bruce Rauner signed Executive Order 15-13 eliminating “fair share” fees paid by state employees who choose not to join a union. At the same time, Rauner filed a complaint in federal court seeking a...more