From Benjamin Sachs

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Hypocrisy on Agency Fees: Why the CMS Home Care Rule is Arbitrary and Capricious

Published July 13th, 2018 - Benjamin Sachs

In Janus, the Supreme Court held that agency fees amount to compelled speech that violates the First Amendment. As I’ve explained, the underlying premise of this theory is that agency fees are employees’ money that employees pay to a union. Because... More »

Epic Fall Out: The Supreme Court and Concerted Activity

Published May 23rd, 2018 - Benjamin Sachs and Sharon Block

In September, we worried that the Trump Administration was using Epic Systems (aka Murphy Oil) to lay the groundwork for curtailing protection of concerted activity outside the union organizing and collective bargaining context. To our relief, Epic Systems do... More »