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Supreme Court of the United States › Public Sector Unions

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Fox Rothschild LLP

The End Of The Line For Janus Challenges?

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Following the U.S. Supreme Court’s 2018 landmark ruling in Janus v. American Federation of State, County and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), which made it illegal for public sector labor unions to...more

Sheppard Mullin Richter & Hampton LLP

SCOTUS to Consider Whether California Unconstitutionally “Takes” Private Property When It Compels Agricultural Employers to Grant...

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When it comes to whether unions have a right to enter an employer’s premises over the employer’s objections, California’s law is the polar opposite of the National Labor Relations Act (NLRA) and the law in most other states....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

Fisher Phillips

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

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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

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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

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

Proskauer - Law and the Workplace on

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

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

Fisher Phillips on

It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Pullman & Comley - School Law

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

Pullman & Comley - School Law on

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

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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...

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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

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

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

Baker Donelson

Supreme Court Roundup: A Look Back – and Ahead – for Employment Law

Baker Donelson on

As the Supreme Court ended its 2017-18 Term, Justice Anthony Kennedy announced his resignation; the Court did away with "agency fees" for public employees; and in other decisions favorable to employers, the Court solidified...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

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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?

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

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

Orrick - Employment Law and Litigation on

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

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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

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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

Pullman & Comley - School Law

The U.S. Supreme Court’s decision in Janus v. AFSCME on “agency” or “service” fees for non-union members: What public sector...

Pullman & Comley - School Law on

As was discussed in our prior blog post and alert, the U.S. Supreme Court in Janus v. AFSCME, 585 U.S. ____ (June 27, 2018) just issued a ground breaking decision with respect to the collection of agency fees from non-union...more

Laner Muchin, Ltd.

U.S. Supreme Court Rules That Non-Union Public Employees Cannot Be Compelled To Pay Fees To Unions

Laner Muchin, Ltd. on

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

Ruder Ware

Supreme Court Strikes Down Fair Share Dues

Ruder Ware on

The recent decision from the United States Supreme Court was a significant decision for public sector unions even though its impact may be limited in the State of Wisconsin. The United States Supreme Court held, based on...more

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

Beltway Buzz - June, 2018 #5

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

Kennedy Steps Down. In a week of significant political developments, perhaps the most significant was Supreme Court Justice Anthony Kennedy’s June 27 announcement that he is resigning effective July 31, 2018. The vacancy...more

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