Back to News

U.S. Supreme Court Reverses Course, Nixes Fair Share Fees for Unions

Published on

June 27, 2018

The U.S. Supreme Court has a history when it comes to the permissibility of public-sector employee unions collecting “fair share” fees from non-union employees.

In 1977, the Court first allowed unions to collect these fees, but ruled they could not be used for political activities without infringing upon the non-union employee’s constitutional right of free speech.

In 2016, the court again heard an argument on fair share fees, but were stuck in a 4-4 deadlock given the untimely passing of the late Antonin Scalia, so the fees remained legal. With the appointment of Justice Gorsuch, however, the Court’s decision to again address fair share fees seemed poised to make history.

On Wednesday, the Supreme Court did make history by changing its direction and ruling that mandatory public sector union fees for non-union employees are unconstitutional, effectively making every state now a “right-to-work” state. While a number of states already had right-to-work laws – which prohibit unions from charging a mandatory union fee for all employees as a condition of employment – those laws didn’t always apply to the public sector.

Wednesday’s 5-4 majority ruling at the Supreme Court, however, now makes mandatory public-sector union fees illegal. If your public sector workplace has a union and you have any questions on what effects this ruling may have, please contact anyone in Barley Snyder’s Labor Law Group.


Related News

View More News
News Alert
August 13, 2025

Back to School, Back to Work: A Refresher on Employing Minors in Pennsylvania

As Pennsylvania students return to school, it’s time for employers to revisit and reinforce their child labor protections. ...

Learn More
News Alert
August 12, 2025

ULP Charges Now Subject to Immediate “Deferral” Analysis per New NLRB Memorandum

On Thursday August 7, 2025, the National Labor Relations Board (“NLRB” or “Board”) Acting General Counsel William B. ...

Learn More
News Alert
August 4, 2025

OFCCP Resumes Enforcement Under Section 503 and VEVRAA Following Lifting of Abeyance

On July 2, 2025, the U.S. Department of Labor issued Secretary’s Order 08-2025, officially lifting the abeyance on the Of...

Learn More

Other Upcoming Events

View All Upcoming Events
Oct
07
2:30 pm
-
6:00 pm
event
Location

2025 York Business Seminar

Learn More
Oct
14
2:30 pm
-
6:00 pm
event
Location

2025 Harrisburg Business Seminar

Learn More
Oct
30
2:30 pm
-
6:00 pm
event
Location

2025 Lancaster Business Seminar

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers