Upholding the rights of government employees in California
For more than 40 years, government workers were forced to give part of each paycheck to highly political government unions as a condition of working in public service. But thanks to the Supreme Court’s decision in Janus v. AFSCME, that practice is now illegal. The Supreme Court’s ruling made clear that a government employer cannot deduct union dues or fees from employees’ paychecks unless the employee has “clearly and affirmatively” consented to the deduction.
Any previous authorizations for the deduction of dues or fees that employees made before the Janus decision were based on a choice the Supreme Court has declared unconstitutional: become a member and pay dues, or pay fees to a union as a nonmember. Therefore, government employers cannot deduct union dues or fees from any public employees’ paychecks unless employees have authorized these deductions following the June 27, 2018 Supreme Court ruling.
Find out more: Frequently asked questions about the Janus Decision
Bottom Line: After the ruling in Janus v. AFSCME on June 27, 2018, California should have stopped deducting dues and fees from government employee’ paychecks unless employees have recently authorized such deductions.
But not all public employers have taken the necessary steps to honor the Court’s decision and the rights of their employees. That’s why in late August, we sent letters to government officials in California notifying them they must immediately cease and desist from deducting any and all union fees, including membership dues and “agency fees,” from employee paychecks or risk litigation.
The Supreme Court said that all government employees have the right to decide for themselves whether to join and/or fund a union at their workplace. Financially supporting a government union should be a conscious choice – not something you are grandfathered into or pressured into doing. And no employer, politician or union should stand in the way of workers’ exercising the rights restored to them by the U.S. Supreme Court ruling. Liberty Justice Center is working to ensure the rights of all public employees in California to ensure the Court’s ruling is implemented, and workers’ choices are honored.
If you are a government worker and haven't signed a card since June 27, your rights are being violated, contact us.
Liberty Justice Center fought for Mark Janus all the way to the U.S. Supreme Court, and we’ll fight for you, too! Our work in Janus v. AFSCME restored Mark’s First Amendment rights and the rights of millions of other government employees across the U.S. We can help you exercise your right to leave the union and stop paying the union. Find out more about the Liberty Justice Center.