News & Analysis as of September 25, 2024

Supreme Court of the United States › Union Dues

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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 -

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

McNees Wallace & Nurick LLC on 3/13/2024

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

New Franczek Series: Labor Updates

Franczek P.C. on 10/20/2022

As we’ve previously reported, union organizing is on the upswing and the NLRB is beginning to issue decisions that reverse Trump-era precedents that were generally more favorable to employers. This is the first in what we...more

Beltway Buzz - October 2022

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2022

Nomination News. With control of the U.S. Senate in 2023 up for grabs, the Biden administration continues its push to fill agency leadership positions. Late last week, the Senate confirmed attorney Lisa Gomez to run the U.S....more

The End Of The Line For Janus Challenges?

Fox Rothschild LLP on 2/15/2021

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

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

Franczek P.C. on 12/19/2019

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

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

Franczek P.C. on 11/26/2019

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

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

Fisher Phillips on 9/18/2019

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

Public Employee Union Members Sue Over Forced Dues Payments

Proskauer - California Employment Law on 8/20/2019

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

Employment Flash - May 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 5/29/2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

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 2/13/2019

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

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

Proskauer - Law and the Workplace on 1/25/2019

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

Supreme Court: A Year In Review

Miles & Stockbridge P.C. on 12/4/2018

This year, 2017-2018, the Supreme Court issued numerous cases impacting employers. Here is an overview...more

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

Pullman & Comley - School Law on 11/15/2018

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

2018 Employment and Labor Law Update: The Year of #MeToo (Presentation)

Jackson Walker on 10/31/2018

Gary Fowler and John Jansonius presented "2018 Employment and Labor Law Update: The Year of #MeToo" at the 20th annual Labor & Employment Law Symposium on Oct. 11, 2018 at the Westin Galleria Hotel....more

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

Harris Beach PLLC on 8/20/2018

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

Janus v American Federation of State, County and Municipal Employees

Tucker Arensberg, P.C. on 8/14/2018

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

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

Seyfarth Shaw LLP on 8/10/2018

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

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

Fisher Phillips on 8/6/2018

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

Cuomo’s Janus "Fix" Challenged

Harris Beach PLLC on 7/30/2018

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

Key California Employment Law Cases: June 2018

Payne & Fears on 7/23/2018

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

Supreme Court Rules Public Sector NonMember Union Dues Are Unconstitutional

Troutman Pepper on 7/23/2018

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

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

Baker Donelson on 7/23/2018

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

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 7/18/2018

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

Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/17/2018

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

A Review of the Supreme Court’s 2017-2018 Term

Franczek P.C. on 7/16/2018

The United States Supreme Court concluded its 2017-2018 term with a bang, issuing decisions in several highly publicized cases impacting labor and employment, including Epic Systems Corp. v. Lewis and Janus v. AFSCME. This...more

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Supreme Court of the United States › Union Dues

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