CHARLESTON, W.Va. - In a deadlocked decision, the U.S. Supreme Court has reaffirmed the right of public-sector unions to charge so-called "fair share" fees. Teachers and unions are positively crowing.
By its 4-4 the court let stand a Ninth Circuit ruling that the California Teachers Association can charge the fees. They offset the unions' cost for contracts and grievance procedures for teachers who opt not to join the union but are still covered by collective bargaining.
National Education Association president Lily Eskelsen-Garcia said fair-share fees have worked well enough that even some employers asked the court to keep them.
"Local and county governments," she said. "There were school boards that said, 'You know, this actually makes sense. We're on the side of the unions on keeping the ability to do this.' "
Garcia, who was a teacher for 20 years, said people think bargaining only covers wages and benefits, but it also can cover the other things that teachers care about and that impact learning.
"We had some of our colleagues in Seattle collectively bargaining recess for their elementary kids," she said. "You end up with people bargaining things like whether or not a school has a school nurse."
This is the second deadlocked case since the death of Justice Antonin Scalia.
The unions claimed it was an attempt at union-busting. Garcia said groups backed by the billionaire Koch brothers went so far as to cold-call teachers to recruit plaintiffs. In her view, the case was motivated by ideology.
"The same people who want to keep wages low, keep public services like public schools under-funded, have always been out to silence our voice," she said.
Conservative groups backing the lawsuit argued that fair-share fees violate nonunion members' free-speech and free-assembly rights. The unions have said that even people covered by their contracts are not required to join and don't have to pay to back any of their political efforts.
More information is online at nea.org.
get more stories like this via email
A mix of policy updates and staffing boosts has helped to put wage theft enforcement on the radar in Minnesota, and officials leading the efforts are prioritizing coordination so potential cases do not fall through the cracks.
Since Minnesota adopted a wage theft law in 2019, it has seen a handful of high profile examples of state and local officials going after companies accused of shortchanging workers.
John Choi, Ramsey County Attorney, feels Minnesota is starting to come around to the idea such matters should not just be resolved through civil penalties. He said there are some keys to taking the next step in seeing a wave of additional cases.
"It's really doing the investigations," Choi explained. "Then also making sure that we get referrals from other agencies that might be doing that civil enforcement."
Choi's office has hired a wage theft investigator, though stakeholders acknowledged not all county prosecutors and sheriff's departments around the state have such resources.
Choi co-chairs the Labor Advisory Council in the Twin Cities, which leads discussions with key partners and labor leaders about working more closely on the issue, including knowing when it is appropriate to pursue a criminal investigation.
Minnesota's Attorney General has been aggressive in combating wage theft but is only allowed to file civil lawsuits. The decision on criminal charges is up to county prosecutors. Choi emphasized the good news is the Attorney General can lend support to under-resourced offices. He suggested community members can spur more interest, too.
"I also think, just locally around the state, a lot of local sheriffs would be interested in undertaking some of these investigations once they start hearing from the public," Choi noted.
Under Minnesota's wage theft law, an employer can now be charged with a felony. Choi added there are other legal tools, such as charges sought by the revenue department, and said it is a matter of ensuring agencies are not working in silos.
The Labor Advisory Council said wage theft is rampant among nonunion construction activity. It estimates in the Twin Cities, employers steal more than $3 million in wages each year.
get more stories like this via email
Legislation proposed by Maine Gov. Janet Mills would ensure thousands of farmworkers are eligible to receive the state minimum wage.
Current law requires they be paid at least the federal minimum wage of $7.25 per hour, compared to the state minimum wage of $14.15.
Cynthia Phinney, president of Maine AFL-CIO, said the bill still lacks protection from excessive forced overtime or the allowance for an unpaid rest break after six hours of work.
"Those are things that other workers are entitled to already and farmworkers are not," Phinney pointed out. "Certainly farmworkers work hard enough."
Phinney noted the legislation would require employers to keep records of their workers' hours and provide them with pay stubs. Some farmers have opposed the increase in wages and overtime protections, saying it could force them to cut workers' hours.
Farmworkers were intentionally excluded from benefits and protections in the National Labor Relations Act, which protects the rights of workers to unionize and collectively bargain. They were also originally exempted from wage and overtime protections in the federal Fair Labor Standards Act.
Phinney argued it is time to correct the historical injustice.
"It's not lost on us that they were classifications that included largely workers of color," Phinney observed. "They included domestic workers, farmworkers."
Gov. Mills vetoed previous bills to ensure wage and other protections for farmworkers, only to develop a committee of union organizers, farmers, state agencies and lawmakers to develop the new legislation. If passed by the Legislature, the minimum wage for farmworkers would take effect Sept. 1, peak harvest time for Maine's blueberries and apples.
get more stories like this via email
With tax season winding down, efforts continue to spread the word about Minnesota's new Child Tax Credit.
Outreach leaders say it's another way to help struggling households land on firmer financial ground.
Under the plan approved by lawmakers last year, families who qualify will receive up to $1,750 per child, with no limits on the number of children for filers claiming the credit.
The Children's Defense Fund's Economic Justice Outreach Manager Natletha Sumo Kollie said the extra refund will complement aid programs these households might be relying on.
"Public programs, right now as they exist, are really something that we call expense reducers," said Kollie. "If you have SNAP, it can only go towards food. But the idea of flexible cash, from tax-credit refunds, it's something that you can use for other things."
That might include a car repair or paying off some medical debt. State revenue officials say so far, about 145,000 filed returns have claimed the credit.
Among those eligible are households with little to no income that aren't required to file taxes.
Kollie said there are barriers to reaching those families and easing their fears about going through the process of receiving the tax benefit.
To help as many people as possible learn about the Child Tax Credit, the Children's Defense Fund has added it to its "Bridge to Benefits" platform.
Kollie said you can find out if you're eligible through this online screening tool.
"You just answer a few questions about the county that you live in, your family makeup - to see if you're a single or married household, the ages of the children, your income," said Kollie, "and then the tool tells you what public programs and tax credits you're potentially eligible for."
And there's information on free tax prep sites in your area.
Her organization also partnered with the Minnesota Budget Project and Prepare & Prosper in developing a website with specific details on the CTC called ClaimYourMoneyMN.com.
Kollie said the new benefit isn't a cure-all in addressing poverty, but it should help.
She said benefit cliffs remain a challenge.
That's when a household gains a little more income, then loses a public aid benefit - and what they earn doesn't make up for that loss, leaving them economically unstable.
Disclosure: Children's Defense Fund- Minnesota Chapter contributes to our fund for reporting on Budget Policy & Priorities, Children's Issues. If you would like to help support news in the public interest,
click here.
get more stories like this via email