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Janus v AFSCME First Amendment

McNees Wallace & Nurick LLC

Janus Holding Does Not Relieve Public Sector Employees of Contractual Obligations to Pay Dues

Way back in 2018, we wrote about the Supreme Court of the United States’ decision in Janus, which held that compelling public sector employees to pay “fair share fees” to unions violates the First Amendment. As a refresher, a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Informational Injury and Union Dues

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

Proskauer - California Employment Law

California’s Latest Gift to the Public Employee Unions is Challenged in Federal Court

On Tuesday, seven elected officials from various local government bodies challenged a recently enacted California state law that prohibits a public employer from “deter[ing] or discourag[ing] public employees from becoming or...more

Franczek P.C.

Post-Janus Legislation Weakens Impact of Supreme Court’s Decision and Imposes Heightened Requirements on Public and Educational...

Franczek P.C. on

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

Franczek P.C.

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

Franczek P.C. on

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

Fisher Phillips

What Public Employers Need To Know A Year After Supreme Court’s Janus Decision

Fisher Phillips on

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

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

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

Massachusetts Supreme Judicial Court Rejects Nonunion Employees’ Challenge to Unions’ Exclusive Representation of Unit Employees...

In Janus v. American Federation of State, County, and Municipal Employees, Council 31, No. 16-1466 (June 27, 2018), the Supreme Court of the United States significantly expanded the rights of nonunion public employees by...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

Franczek P.C. on

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

Proskauer - Law and the Workplace

[Podcast]: Looking Back: Highlights in Labor and Employment Law from 2018

In this episode of The Proskauer Brief, partner Steven Hurd and partner Adam Lupion discuss developments from some of the key cases in labor and employment law in 2018. We will discuss notable cases from the United States...more

Pullman & Comley - School Law

As the Post-Janus Dust Settles….Is Direct Reimbursement Coming to Connecticut?

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

Harris Beach PLLC

PERB Emergency/Proposed Rule Allows Expedited Review of Issues Related to Supreme Court’s Decision in Janus

Harris Beach PLLC on

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

Tucker Arensberg, P.C.

Janus v American Federation of State, County and Municipal Employees

Tucker Arensberg, P.C. on

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

Seyfarth Shaw LLP

The Fallout From Janus Continues – Pennsylvania Introduces Bill That Would Allow Non-Union Public-Sector Employees To Participate...

Seyfarth Shaw LLP on

Seyfarth Synopsis: A mere six weeks after the Supreme Court held that fair share or agency fees for public-sector unions are unconstitutional in Janus v. AFSCME, Pennsylvania introduces a bill that would require public-sector...more

Seyfarth Shaw LLP

The State Of Union Funding - California And The Ninth Circuit Show How States Might Try To Mitigate The Effect of Janus

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Labor friendly states will likely be looking for opportunities to lessen the financial blow of the Supreme Court’s decision in Janus v. AFSCME. The Ninth Circuit’s recent decision in Interpipe Contracting v. Becerra just...more

Fisher Phillips

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

Fisher Phillips on

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

Harris Beach PLLC on

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

Payne & Fears

Key California Employment Law Cases: June 2018

Payne & Fears on

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

Troutman Pepper

Supreme Court Rules Public Sector NonMember Union Dues Are Unconstitutional

Troutman Pepper on

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

K&L Gates LLP

A Janus-faced Standard? Chief Justice Roberts’s Approach to Stare Decisis at the Threshold of a Post-Justice Kennedy Supreme Court

K&L Gates LLP on

Introduction - It is understandable that the press and legal commentators are focused on Judge Brett Kavanaugh’s jurisprudence and writings following his nomination to the Supreme Court....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

Orrick - Employment Law and Litigation

Belaboring The Point: Supreme Court Opens the Door to Dismantling Public Sector Union Membership in Janus v. AFSCME

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

Fisher Phillips

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

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

Akerman LLP - HR Defense

Supreme Court Slams Public Sector Union Rights

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

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

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