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U.S. Supreme Court,
Labor/Employment

Jul. 12, 2018

‘Reliance’ argument may be focus in wave of post-Janus suits

A national wave of lawsuits seeking to claw back fees charged to union nonmembers, recently ruled unconstitutional by the U.S. Supreme Court, will likely be argued on the basis of whether the defendants rightly relied on past case law.

‘Reliance’ argument may be focus in wave of post-Janus suits
U.S. Supreme Court Justice Samuel Alito's opinion in Janus may indicate public unions will have trouble arguing they relied on past case law in defending lawsuits by nonmembers who want their involuntary fees back, with interest.

A growing number of lawsuits nationwide seeking to claw back fees charged to union nonmembers, recently ruled unconstitutional by the U.S. Supreme Court, will likely be argued on the basis of whether the defendants rightly relied on past case law, according to labor and employment attorneys.

Called “agency fees,” the involuntary paycheck deductions are a reduced union charge applied to nonmember employees in union shops with the prom...

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