[WEBINAR] Preparing for Changes in the “Vested Rights Doctrine” - Understanding Plan Design Options
[VIDEO] Legal Update: Is the California Rule in Flux?
[VIDEO] Pension Liability by the Numbers
[VIDEO] Perspectives: The Practical Effects of Today's Pension Programs
This week, the Ninth Circuit addresses a religion-based challenge to a federal-government land transfer and considers whether public-sector employees can obtain refunds of mandatory union fees since deemed unconstitutional. ...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The State of Illinois cannot require Rehabilitation Program “personal assistants” (PAs) who decide not to join a union, to pay compulsory union dues, commonly known as “agency fees,” the U.S. Supreme Court ruled in Harris v....more
On Monday, the Supreme Court took a swipe at public sector compulsory unionism. In doing so, the Court took a slice out of decades of Supreme Court jurisprudence and suggested a future re-thinking of agency fees in the public...more