Fair Share Agency Fees Struck Down by the United States Supreme Court
June 27, 2018 | Scott M. LepakIn a decision widely expected, the United States Supreme Court on June 27, 2018 struck down state laws that compelled public sector union employees to pay “fair share” or “agency” dues. In Janus v. AFSCME, the Supreme Court held that laws compelling these dues from unwilling members violated the First Amendment by requiring employees to, in effect, pay for speech with which they do not agree. The Supreme Court held that unions representing public employees have to fairly represent these employees regardless of whether they were dues paying members. The Supreme Court summarized its view as follows: Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. What’s next: Laws, including Minnesota Statute Section 179A.06, Subd. 3, that require fair share fees to be taken from an employee’s pay check are unconstitutional. Employers must stop current automatic fair share payment withdrawals from the checks of employees unless and until the employee fills out a form consenting to pay. Employees who opt out of paying dues will still be covered by the collective bargaining agreements. However, unions will likely address the issue of individuals who do not…
Read MoreWill Mediation Make My Divorce Go More Smoothly?
June 26, 2018 | Elizabeth A. SchadingWhen people get married, they aren’t planning for divorce. When a divorce does happen, it can be confusing and upsetting. In fact, a divorce is one of the toughest things you can go through, especially when there are children involved. So, when it comes to considering the divorce from a legal standpoint, you will be thinking about all of your options. You may want to resolve things amicably and as fast as possible, but this is not always the case. You may think that litigation is the only path you can go down to finalize your divorce, but there are other options that are open to you. These options can help you save money on your divorce as well. This includes mediation. So, let’s have a closer look at mediation and see if this will suit your particular needs. This is a process where you can enter discussion and negotiation with your former partner to reach a divorce settlement that will suit both of you. It is less like a competition, which can happen at litigation; it is more about working together to reach a solution. There is a neutral third party called the mediator who will guide you and help you when you need it. In addition, you can bring…
Read MoreAttorney Scott Lepak Receives President's Award
June 22, 2018 | Barna, Guzy & Steffen, Ltd.Barna, Guzy & Steffen, Ltd. is pleased to announce that Scott Lepak received the President’s Award from the National Public Employer Labor Relations Association. This award was issued in recognition of Scott’s outstanding service to the National PELRA and his contribution to public sector labor relations. “This award means a lot to me”, Scott said, “The National and Minnesota chapter of PELRA are wonderful organizations”. As the long time editor of the MPELRA newsletter (back when it was printed out and mailed!) and frequent speaker, Scott knows how valuable these organizations are to labor relations professionals in the public sector. In his 30 plus years as a labor lawyer and chief labor negotiator, Scott has seen and been part of the massive changes in this area at both the federal and state levels.
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