Should Public Employers Consider Issuing a Janus Notice Where a Checkoff Clause is Contained in a CBA?

As of the Supreme Court’s recent decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31, state laws requiring public sector collective bargaining agreements to contain agency shop clauses that compel the discharge of employees for refusing to provide financial support to unions are deemed to violate the First Amendment.

Union (In)Security: SCOTUS Prohibits Public Sector Union Security and Missouri May Tip The Private Sector Scales

The decades-long battle over union security faces two important pivot points during the summer of 2018. On June 27, 2018, the Supreme Court of the United States handed unions a major defeat in the season’s first major fight. With its 5-4 decision in Janus v. AFSCME Council 31, the Court prohibited union security in the public sector, even in the form of “fair share” fees aimed at representational expenses, as impermissible violations of the First Amendment.

Unintentional Discrimination? What Every Employer Needs to Know About Disparate Impact Claims

We all know (or should know) that Title VII of the Civil Rights Act and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like race, age, gender, or disability. We can easily imagine instances of intentional discrimination—a sexist manager refusing to hire female applicants, a racist boss refusing to promote qualified African Americans, and the list goes on.

Missouri’s Right-to-Work Bill: Not as Soon as the Legislature Intended but Perhaps Sooner Than the Unions Want

In February of 2017, Missouri Governor Eric Greitens signed Senate Bill 19, which was intended to make Missouri the 28th right-to-work state in the United States. Senate Bill 19 was scheduled to take effect on August 28, 2017. In response, unions mounted petition drives and filed signatures in support of Referendum Petition 2018-R002 with the Missouri secretary of state.

Unions Fight Back Against Missouri Right-to-Work Law

On February 6, 2017, Missouri Governor Eric Greitens signed Senate Bill 19, making Missouri our nation’s 28th right-to-work state. Senate Bill 19, codified as Section 290.590 of the Missouri Revised Statutes (RSMo), was scheduled to take effect on August 28, 2017. The unions, fearing significant revenue losses, mounted petition drives to reverse the actions of the legislature and governor.