UNION DUES CANNOT BE DEDUCTED FROM GOVERNMENT EMPLOYEES IN Hawaii WITHOUT CONSENT.
Because of the recent Supreme Court ruling in Janus v. AFSCME government workers are no longer forced to give part of each paycheck to highly political government unions as a condition of working in public service. 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.
Bottom Line: After the ruling in Janus v. AFSCME on June 27, 2018, Hawaii should have stopped deducting dues and fees from government employee’ paychecks unless employees have recently authorized such deductions.
If you haven’t re-signed a union card since June 27, they should not be deducting dues from your paycheck.
If you have problems opting out of your union or are still having mandatory “agency fees” deducted from your paycheck, contact us via this form or the number below.
Find out more: Frequently asked questions about the Janus Decision
Government employers not fully enforcing the Janus ruling
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.
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 September, we sent letters to government officials in Hawaii 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 Hawaii 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 using the form above.
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.