Blog State Legislation Focused on Potential Ruling in Janus

Lindsey A. Wanner

In an apparent response to the expected ruling in the Supreme Court case, Janus v. AFSCME, New Jersey recently enacted the Workplace Democracy Enhancement Act  (Assembly Bill No. 3686). Janus, expected to be decided in June, could eliminate fees that public employee union nonmembers are required to pay to their unions.

The legislation makes it easier for New Jersey public sector unions to recruit and retain members. For example, public employers are required to turn over employees’ personal contact information to the union, and unions are given the right to meet face-to-face with newly hired employees either privately or in a group. The law also sets an annual, 10-day timeframe during when members can revoke their authorization for payroll deduction of fee payments to the union.

Part RRR of New York’s FY 2019 revenue bill (S7509-C/A9509-C), signed into law last month, contains provisions similar to the New Jersey legislation.

Maryland also passed Senate Bills 677 and 819 in April which require public schools and universities to give exclusive representatives access to employees’ personal contact information and new employee orientation meetings.