Retroactive Janus Cases Fail

Good news for Unions representing public employees! On January 25, 2021, the Supreme Court declined to hear a second wave of Janus-related cases that attempted to make Unions pay back years of lawfully collected fees.

Before the Supreme Court’s Janus decision in 2018, public sector unions were complying with four decades of state and federal law by collecting fair share fees from bargaining unit members who receive representation from their union and benefit from the union contract. However, with its Janus decision, a divided Supreme Court held that requiring fair share fees of public sector employees was unconstitutional, reversing longstanding precedent.

This recent development means that public sector unions can now confidently move forward with their plans to use their resources to strengthen and grow their unions, and expand the power of working people in this country.
For more information, contact your labor law counsel.


Author: Xochitl Lopez

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