News & Analysis as of

Stare Decisis Union Dues

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

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

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

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

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

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

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

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...

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

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

Perkins Coie

Supreme Court Shoots Down Forced Agency Fees for Public Sector Union Workers

Perkins Coie on

The U.S. Supreme Court this week overruled longstanding precedent to hold that public-sector unions may no longer extract agency fees from nonconsenting employees who have opted not to join a union. Janus v. AFSCME, ___ U.S....more

FordHarrison

Supreme Court Rules that Public-Sector Agency-Shop Arrangements Violate the First Amendment

FordHarrison on

On June 27, 2018, the U.S. Supreme Court in Janus v. American Federation of State, County, and Municipal Employees, Council 31 struck down an Illinois law requiring public employees represented by a union to pay agency fees...more

Steptoe & Johnson PLLC

Supreme Court Decision Hands Defeat to Public Sector Unions

In a 5-4 ruling split evenly along party lines, the United States Supreme Court bolstered the right of public sector employees to abstain from union membership and compulsory dues payment. The ruling in Janus v. AFSCME...more

Hinshaw & Culbertson LLP

Unpacking the Supreme Court's Janus Decision

The United States Supreme Court issued its long-anticipated decision in Janus v. American Federation of State, County and Municipal Employee Council 31 on June 27, 2018. The five to four majority held that requiring...more

Stinson LLP

Supreme Court: Public Sector Agency Fees are Unconstitutional and Must Cease Immediately

Stinson LLP on

"Fundamental free speech rights are at stake," began the Supreme Court's 5-4 majority opinion in Janus v. American Federation of State, County, and Municipal Employees, Council 31, --- U.S. ----, No. 16-1466 (June 27, 2018). ...more

Bond Schoeneck & King PLLC

The Supreme Court Rules That Requiring Non-Members to Pay Agency Fees to Public Sector Unions is Unconstitutional

On June 27, 2018, the Supreme Court struck down mandatory “agency” or “fair share” fees for public sector employees who decline to become union members. In the decision, Janus v. AFSCME, the Court held that an Illinois...more

Saul Ewing LLP

Supreme Court: Compulsory Union Fees Violate Public Employees’ Free Speech Rights

Saul Ewing LLP on

On Wednesday, June 27, 2018, the U.S. Supreme Court ruled that public-sector employees who choose not to join the union that represents them cannot be forced to pay "agency fees" to cover the union's costs of representation. ...more

Harris Beach PLLC

SCOTUS Rules: Free Speech Rights of Public Sector Employees Override a Union’s Right to Collect Agency Fees

Harris Beach PLLC on

The Supreme Court rules in Janus v. American Federation of State, Municipal and County Employees that free speech rights of public sector employees override a union’s right to collect agency fees. Today, June 27, one of the...more

Payne & Fears

Supreme Court Overrules Longstanding Decision Supporting Collection of Union Agency Fees

Payne & Fears on

In a 5 to 4 opinion, the United States Supreme Court overruled a longstanding decision which required government employees who are represented by but do not belong to a union, to pay a fair share or agency fee to cover the...more

Holland & Hart - Employers' Lawyers

SCOTUS Deals Huge Blow to Government Unions

In a 5-to-4 decision, the U.S. Supreme Court ruled that government employees who choose not to join a union cannot be forced to pay agency fees to the union. In so ruling, the Court overturns its 1977 ruling in Abood v....more

Foley Hoag LLP

Supreme Court Delivers Major Blow to Public Sector Unions

Foley Hoag LLP on

On June 27, 2018, in a 5-4 decision in Janus v. AFSCME, the United States Supreme Court overruled longstanding precedent and held that public employees who are not members of a union elected to be their collective bargaining...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Deems Public-Sector Union Agency Fees Unconstitutional

On June 27, 2018, the United States Supreme Court ruled that mandated payment of so-called “agency fees” by non-union members in the public sector violated First Amendment principles protecting freedom of speech and...more

Best Best & Krieger LLP

What Public Employers Need to Know Now In Wake Of Janus Decision - SCOTUS Changes How Public Sector Union Fees Are Collected;...

The United States Supreme Court overturned years of precedent yesterday and ruled that a public sector employer could not deduct an agency fee, or any other form of payment, to a public sector union from an employee’s pay...more

Downey Brand LLP

U.S. Supreme Court Declares Agency Fees Unconstitutional, Leaving Unions and Others in the Lurch

Downey Brand LLP on

On Wednesday, a closely-divided Supreme Court struck down compulsory union fees as a violation of the First Amendment rights of public employees. The decision, rendered in Janus v. AFSCME, will have a seismic impact on public...more

Burr & Forman

A State's extraction of agency fees from non consenting public-sector employees violates the First Amendment

Burr & Forman on

For the second time this term of court, the United States Supreme Court on the final day of the term addressed a First Amendment issue. In the first case, Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Court...more

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