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Tag:state action

March 4, 2024
News & Commentary

Elyse Weissberger

Dartmouth University files a motion to stay the men’s basketball team’s unionization election scheduled for tomorrow; Kentucky’s House of Representatives will consider a bill that repeals mandatory lunch and rest breaks; Georgia’s State Senate passes a bill requiring secret-ballot elections for companies that accept state incentives

November 7, 2019
News & Commentary

Jared Odessky

On Tuesday, the Seventh Circuit held that government employees who paid agency fees to public sector unions cannot recover fees collected prior to the Supreme Court’s 2018 decision in Janus v. AFSCME. The plaintiff in Tuesday’s case was Mark Janus himself. Writing for a three-judge panel, Chief Judge Diane Wood explained that the good-faith defense […]

Janus and the Private Sector

Jul 3, 2018 Benjamin Sachs

In the grim aftermath of Janus v. AFSCME, discussion has focused on what the decision portends for agency fee agreements in the private sector. Given the cloud of doom that has descended on many of us, it’s not surprising that pessimism abounds. There is thus speculation that Janus will soon be exported to the private sector and that […]

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

Apr 19, 2018 Boyd Garriott

This term, the Supreme Court will decide Janus, where it will determine the future of agency shop agreements in public sector unions. Despite being a public-sector union case, Justice Ginsburg raised a question on many people’s minds at oral argument: “what happens in the private sector?” Her question may prove prescient, considering that five justices […]

Janus and the Private Sector

Sep 29, 2017 Benjamin Sachs

Maddy’s excellent wrap-up of yesterday’s Janus news includes a clip from Slate’s piece “Solidarity’s End.” There, Mark Joseph Stern provides a very useful synopsis of agency fees law, but he also suggests that a Janus decision finding agency fees unconstitutional could easily be exported to the private sector. Here’s how he puts it: One last point: Janus involves only public-sector unions, or unions composed […]

OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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March 4, 2024

November 7, 2019

Janus and the Private Sector

How Janus Could Spill into the Private Sector Without Radically Redefining the State Action Doctrine

Janus and the Private Sector