Category: Employment Law
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 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.
Read MoreNew Associate Attorney Joins BGS
April 5, 2017 | Barna, Guzy & Steffen, Ltd.Barna, Guzy & Steffen LTD. announces the addition of a new associate to our firm. Tyler W. Eubank has joined the firm’s Litigation and Employment Law department. He will be working closely with attorneys practicing in the firm’s growing Litigation/Employment Law area serving existing clients and enhancing the firm’s ability to serve our community. We are happy to welcome Tyler back to BGS as he previously worked in our Litigation/Employment Law department as a law clerk while attending law school. After graduating and receiving his JD, Tyler worked as a Judicial Law Clerk for Honorable Tammi A. Fredrickson. Before attending law school, Tyler spent 6 years living and working in Taiwan as an English Teacher, Intercultural-Manager and Area Trainer. Tyler graduated summa cum laude from Hamline University School of Law in 2015 ranked in the top 10{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of his class. He was on the Dean’s List all semesters and was a Dean’s Summer Fellow in 2013, during which time he also clerked for Honorable Tammi A. Fredrickson. Tyler also worked as Managing and Associate Editor of the Hamline Law Review. Tyler is excited about the opportunity to return to BGS as a Litigation/Employment Law attorney, “It’s great to back at Barna, Guzy & Steffen, I look forward to working with this great group…
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