In Janus, the Court will decide whether fair share agreements for public sector employees are unconstitutional and in violation of the First Amendment. A fair share agreement is where an employee is covered by a collective bargaining agreement, but the employee declines to join a union. In such a case, the employee must still pay their “fair share” fee for the union to represent the employee in collective bargaining and other issues, and the union is required to represent the employee.
The Supreme Court is expected to rule that requiring an employee to pay their “fair share” fee violates their First Amendment rights to freedom of speech and freedom of association. If the Supreme Court issues such a ruling, public employers must immediately assess their policies, practices and procedures for deducting fair share fees. Otherwise, public employers run the risk of liability for unlawful deductions from pay.
Public employers would be wise to contact labor counsel in advance of the Janus decision and develop a plan before the Supreme Court issues its decision.
For questions on how to prepare for Janus, contact Kyle Abraham at firstname.lastname@example.org (503) 276-2132 or Nicole Elgin at email@example.com (503) 276-2109.
Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements. If this has been forwarded to you, and you would like to begin receiving Electronic Alerts directly, please email or call Traci Ray at 503-276-2115. Copyright ©2018 by Barran Liebman LLP.
Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2018 por Barran Liebman LLP.