Employment Law Now IV-54- A Guest Discussion on 3 Significant Government Decisions
Last week, the NLRB’s General Counsel rolled back Trump-era financial disclosure requirements for unions. Even without a complaint, unions were required to explain fees charged to nonmembers. Now, beyond routine financial...more
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
This week, we examine one Ninth Circuit decision exploring the extent to which the deprivation of information and statutorily-conferred powers can satisfy Article III’s injury-in-fact requirement, and a second declining to...more
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
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
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
This edition of Employment Flash looks at developments in labor and employment law, including with respect to minimum salary thresholds for the DOL's new overtime rule, the EEOC's collection of compensation data for increased...more
In its 1988 Beck decision, the U.S. Supreme Court concluded that non-union members who were part of a collective bargaining unit could not be assessed dues for purposes other than collective bargaining or other matters...more
n March 1, 2019, the National Labor Relations Board (“Board”), in a 3-1 decision, ruled that Beck objectors cannot be required to financially support the lobbying efforts of unions because lobbying costs are not chargeable as...more
The National Labor Relations Board just decided that private sector unions cannot use fees paid by nonmembers to fund their lobbying efforts. Especially when coupled with last year’s momentous Janus decision at the U.S....more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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