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2017 West Virginia Legislative Update For Employers
On Friday, March 24, 2023, Governor Gretchen Whitmer signed into law a bill that repeals Michigan’s Right-to-Work law and reinstates prevailing wages for construction projects. In effect since 2013, Michigan’s...more
In a ruling entered late on Wednesday, February 27, 2019, Kanawha County, West Virginia, Circuit Judge Jennifer Bailey issued a long-awaited ruling in the litigation challenging the constitutionality of West Virginia’s...more
On Tuesday, August 7, 2018, voters in Missouri’s primary election largely voted against becoming the 28th state in the country to adopt a right-to-work initiative. Officially known as Proposition A, the ballot asked voters if...more
Kentucky’s right-to-work law has survived a challenge by the AFL-CIO and Teamsters union. The Kentucky legislation passed in the first week of the 2017 legislative session, making the Bluegrass State the 27th to adopt...more
As anticipated, the nationwide trend of enacting “right-to-work” (RTW) legislation has continued to grow – in the past few years alone, Indiana, Michigan, Wisconsin, West Virginia, and Kentucky have joined the growing list of...more
West Virginia’s right to work law will be enforceable beginning October 15, 2017. The West Virginia Supreme Court of Appeals, the state’s highest court, has dismissed a lower court’s preliminary injunction blocking...more
On February 6, 2017, Missouri became the 28th state to enact a right-to-work law. The bill, passed by the Show Me State’s Republican-controlled state legislature, was signed into law by newly-elected Governor Eric Greitens. ...more
The term “right to work state” is fairly well known. After all, 25 of the United States are “right to work states,” states which have enacted laws prohibiting compulsory unionism as part of a collective bargaining agreement....more
On August 27, 2015, the National Labor Relations Board, in Lincoln Lutheran of Racine, 362 NLRB No. 188, overturned 53 years of precedent, holding that, like most other terms and conditions of employment, an employer’s...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
Yesterday, the Supreme Court of the United States held that the First Amendment of the U.S. Constitution prohibits a public-employee union from collecting an agency fee from home-care workers who do not want to join or...more
On June 30, 2014, the U.S. Supreme Court decided Harris v. Quinn, No. 11-681, holding that the First Amendment does not permit a state to compel public employees to subsidize speech on matters of public concern by a union...more
On the last day of its 2013-2014 session, the U.S. Supreme Court held today that (1) for-profit companies are protected as "persons" under the federal Religious Freedom Restoration Act of 1993 (RFRA) and (2) that the...more
Today, in a 5 to 4 decision, the U.S. Supreme Court declined to extend its previous holdings regarding “fair-share” fees (fees that an employee who refuses to join a union is required to pay in lieu of union dues) to...more
In its much anticipated decision in Harris v. Quinn, 573 U.S. __ (2014), the Supreme Court of the United States in a five to four ruling struck down an Illinois regulatory framework that required personal assistants (PAs) for...more
On March 28, 2013, Michigan's "right-to-work" law, the Workplace Fairness and Equity Act, went into effect. The law prohibits any requirement that an employee pay union dues or join a union as a condition of employment. The...more
On February 1, 2012, Indiana became the 23rd “right-to-work” (RTW) state. Since that date, unions have filed two lawsuits in Indiana federal courts hoping to overturn the law on different grounds. One of those lawsuits,...more