Back to News

Fair Share Fees on the Docket at the Supreme Court – Again

Published on

October 2, 2017

The Supreme Court of the United States has again elected to weigh-in on the permissibility of public-sector employee unions collecting “fair share” fees from non-union employees.

The Court last week decided it will hear an appeal in the matter of Mark Janus v. American Federation of State, County and Municipal Employees from the U.S. Court of Appeals for the Seventh Circuit.

Fair share fees are ones a public-sector union can assess upon other similarly-situated employees of the same public employer who choose not to join the union. In theory, the fees serve to cover the union’s cost of collective bargaining and contract administration by requiring non-union employees to contribute towards their share of the costs since the non-union employees also benefit from the work of the union.

In 1977, the Supreme Court confirmed the permissibility of fair share fees to cover the cost of the union’s activities, but ruled they could not be used for political activities without infringing upon the non-union employee’s constitutional right of free speech.

Much more recently, in 2016 the Supreme Court again had the opportunity to address the permissibility of fair share fees but couldn’t come to consensus in a 4-4 tie due to the passing of Justice Antonin Scalia.

By electing to hear Janus v. AFCME now, with a full nine-member Court following the confirmation of Justice Neil Gorsuch, the Court will be positioned to directly decide whether it will uphold forty years of precedent or whether the end has finally come for fair share fees.

If you have any questions on fair share fees, contact any of the attorneys in Barley Snyder’s Labor Law or Education groups.


Related News

View More News
News Alert
October 28, 2026

EEOC Moves to Rescind Criminal History Guidance for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) has taken a significant step toward rescinding its longstanding guida...

Learn More
News Alert
October 27, 2026

Allegheny County’s New Paid Parental Leave Law and Expanded Paid Sick Leave: What Employers Need to Know

Allegheny County has become the nation’s first county to mandate an employer-funded paid parental leave program. Allegheny ...

Learn More
News Alert
October 26, 2026

U.S. Supreme Court to Settle Whether Employees Can Sue Under Title IX

The Supreme Court’s October 2026 Term will feature a case that could reshape sex-discrimination litigation on every federal...

Learn More

Other Upcoming Events

View All Upcoming Events
Nov
03
2:30 pm
-
6:00 pm
event
Location

2026 Harrisburg Business Seminar

Learn More
Nov
10
12:00 pm
-
1:00 pm
event
Location

Webinar: PWFA Compliance in Practice: Navigating the Toughest Employer Questions

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