On June 27, we issued an alert concerning the decision of the United States Supreme Court in Janus v. AFSCME (June 27, 2018). There, the Court held that mandatory agency fees (also sometimes known as service fees) for public employees violate the First Amendment rights of the affected employees. We wish now to follow up with further observations and recommendations for actions that public employers should consider to comply with the ruling.
Continue Reading Janus v. AFSCME: Implementation Issues

In a 5-4 decision, the United States Supreme Court today ruled that provisions requiring public employees to pay agency fees violate the First Amendment of the U.S. Constitution. In doing so, the Supreme Court expressly overruled its own 41-year-old precedent.

This closely watched case arose from a challenge by an Illinois public employee to the requirement that he pay agency fees. Prior case law prohibited public sector employees from being forced to join a union and pay union dues as a condition of employment. However, twenty-two states permitted contractual provisions requiring employees to pay an agency fee to cover the costs of collective bargaining and contract administration. The plaintiff in Janus argued that the requirement to pay an agency fee interfered with his First Amendment rights because it forced him to financially support his union’s political activities, even if he disagreed with them.
Continue Reading U.S. Supreme Court Declares Compelled Public Sector Agency Fees Unconstitutional