News & Analysis as of

Friedrichs v CA Teachers Association

Franczek P.C.

After Oral Argument: Public Sector “Fair Share Fees” on Thin Ice

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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

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

Amundsen Davis LLC

The Survival Of Abood v. Board Of Education, Part 4

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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

Husch Blackwell LLP

Gorsuch Restrains His Own Speech In Oral Arguments About Public Sector Union Dues

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From Justice Kagan’s observation that a decision in favor of the plaintiff could affect millions of public sector workers to Justice Alito’s surprise at seeing a union brief include an argument that the Constitution...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

Franczek P.C.

Take Two: The Supreme Court Again to Decide the Constitutionality of Public Sector Union “Fair Share Fees”

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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

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

Amundsen Davis LLC

The Survival of Abood v. Detroit Board of Education, Part 3

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Exactly a year ago today in what now appears to be a temporary reprieve, the United States Supreme Court issued its decision in Friedrichs v. California Teachers Association. An “equally divided court” affirmed the judgment...more

Jackson Lewis P.C.

Public Sector Employees in Three States Sue to Nix Fair Share Fees

Jackson Lewis P.C. on

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

Ballard Spahr LLP

New Legal Challenges to Public Union Agency Fees

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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

Fisher Phillips

Justice Scalia’s Death Throws SCOTUS Term Into Turmoil

Fisher Phillips on

A Review Of The 2015-2016 Supreme Court Term - Justice Antonin Scalia’s death created a 4-4 split among liberal and conservative-leaning Justices, rendering tidy scorecards and trends regarding this past Supreme Court...more

Franczek P.C.

A Review of the Supreme Court’s 2015 - 2016 Term

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Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

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

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

Pullman & Comley - Labor, Employment and...

Post-Friedrichs, The Agency Fee Ground Is Still Shaking Mightily, But For A Different Reason

Agency fee contract provisions in collective bargaining agreements that require public sector bargaining unit employees, as a condition of employment, to pay the union for the cost of contract administration, grievance...more

Orrick - Employment Law and Litigation

Supreme Court Ties Underscore Justice Scalia’s Missing Influence

After the passing of Justice Antonin Scalia, we predicted: “Justice Scalia’s passing will immediately impact several employment-related cases pending before the Court.” Specifically, cases in which Scalia was expected to...more

Littler

Workplace Policy Institute Insider Report — April 2016

Littler on

This month's edition of Littler's Workplace Policy Institute Insider Report includes articles on the Administration's push to finalize rules before the November elections, legislative and litigation steps to thwart those...more

Foley & Lardner LLP

From The Jaws Of Defeat, Public Unions Snatch Lucky Victory

Foley & Lardner LLP on

For many years, unions representing public employees in a variety of states have continued to require employees to pay union dues even if they have an objection to certain political, lobbying, or other activities the unions...more

Clark Hill PLC

Supreme Court Tie Leaves Public Sector Agency Shops In Place...For Now

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On March 29, 2016, in Friedrichs v. California Teachers Association, the Supreme Court issued a one-sentence decision affirming, by a 4-4 vote, the Ninth Circuit Court of Appeals' decision in a case challenging the...more

BakerHostetler

Public Sector Unions Dodge a Bullet on Non-Member Fees

BakerHostetler on

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

Bond Schoeneck & King PLLC

Supreme Court Tie Means That Public Sector Agency Shop Fees Are Still Lawful

On March 29, 2016, the Supreme Court issued a one sentence opinion in the highly publicized case of Friedrichs v. California Teachers Association, stating “[t]he judgment is affirmed by an equally divided Court.” This outcome...more

Ballard Spahr LLP

Divided Supreme Court Allows Public Unions’ Agency Fee Collection to Continue

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In a much anticipated case, an evenly divided U.S. Supreme Court has issued a per curiam order letting stand a Court of Appeals decision that allows unions to collect dues from public employees, even if those employees do not...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

Dorsey & Whitney LLP

The Supreme Court - March 2016 #5

Dorsey & Whitney LLP on

The Supreme Court of the United States issued one per curiam decision on March 29, 2016: Friedrichs v. California Teachers Assn., No. 14-915: Petitioner Rebecca Friedrichs and other public school teachers in California...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

Best Best & Krieger LLP

Unions May Enter Public Sector Agency Shop Arrangements

A U.S. Supreme Court Tie Means Victory for Unions - An equally divided United States Supreme Court means that public sector unions in California can still require employees to pay union fees, even if the employee is not...more

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