9th Circ. Rejects Wash. Workers’ Fee Challenge Under Janus
Law360 (September 17, 2020, 10:36 PM EDT) — The Ninth Circuit on Wednesday affirmed a decision to toss Washington state employees’ proposed class action claiming that automatically deducting union dues from paychecks violates their First Amendment rights, finding the workers agreed to the deductions and therefore they don’t run afoul of the U.S. Supreme Court’s 2018 Janus precedent.
A three-judge panel found the Janus ruling, which held that non-union members cannot be forced to pay “agency fees” that cover collective bargaining costs, doesn’t prohibit a union from collecting dues from non-members altogether.
“We join the swelling chorus of courts recognizing that Janus does not extend a First Amendment right…