agency fees

A massive class-action lawsuit filed in Illinois on Wednesday could force unions to refund hundreds of millions of dollars in agency fees paid by thousands of workers nationwide prior to the Supreme Court’s landmark ruling last year in Janus v. AFSCME.

Prior to Janus, Hughes argued, workers were faced with a “false choice” — they could pay full membership dues and become a union member, or pay a substantial amount of those dues and not become a member. The Supreme Court validated Hughes’ reasoning last June, holding not only that public unions violated the First Amendment by taking money out of unwilling workers’ paychecks to fund collective bargaining, but also that employees must “clearly and affirmatively consent” before any fees or dues are collected.

The lawsuit filed Wednesday argues that more than 2,700 state employees are entitled to money they paid to the American Federation of State, County and Municipal Employees Council 31 from May 1, 2017 — the furthest back they can demand the money under a state statute of limitations — through June 28, 2018, when the U.S. Supreme Court ruled it unconstitutional to make public employees pay union dues. Attorneys for the plaintiffs say they’re seeking close to $2 million from the union.