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
Press Release
January 8, 2026

Barley Snyder Attorney Susanna Fultz Elected Secretary of the Reading Science Center Board of Directors

For Immediate Release Reading, Pa. – Barley Snyder is pleased to share that attorney Susanna M. Fultz has been elected Secr...

Learn More
Press Release
January 5, 2026

Barley Snyder Welcomes Hyo Jin “Jinnie” Lee to Food & Agribusiness Industry Group

For Immediate Release Reading, Pa. – Barley Snyder is pleased to announce that Hyo Jin (“Jinnie”) Lee ha...

Learn More
News Alert
December 29, 2025

Pennsylvania Federal Judge Orders Church to Pay Back Wages for Child Labor Violations

On December 17, 2025, U.S. District Court Judge Yvette Kane granted summary judgment for the U.S. Department of Labor (“DOL...

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